Police Violate Client's Constitutional Rights – Case Dismissed
Our firm recently represented a father and business man charged with Operating a Motor Vehicle while having a BAC of .08 or more. Our client was facing possible jail time, the loss of his driver's license and the loss of his CPL (concealed pistol license). He came to our firm shortly after his arrest and we immediately began a detailed investigation into his arrest. We demanded that the prosecutor and police preserve and produce a copy of all evidence including the DVD from an "in-car camera" located inside of the patrol vehicle. After meticulously reviewing and analyzing the evidence, it was clear that the police officers violated our client's constitutional rights during the course of his arrest.
In response, our firm prepared a comprehensive motion requesting that the Judge dismiss the entire case including the drunk driving charge. We argued that a dismissal was absolutely required because the police arrested our client without probable cause which violated his constitutional rights. The odds were stacked against our client because he was pulled over in response to a citizen complaint 911 call that he was driving recklessly. The witness even followed police to the scene of the stop. Police also claim that our client initially attempted to flee and elude officers prior to the stop. Our client was also found with a loaded pistol (properly licensed) and was carrying an extensive amount of cash (just under $10,000.00).
A review of the evidence however, revealed that our client actually never attempted to flee and elude the police at all and was arrested merely based upon police observation of a minor traffic infraction. Based upon the findings of a loaded weapon and cash, however, false and erroneous presumptions were made by the police that our client was involved in the carrying and delivery of drugs. It was only after his unlawful arrest, and after an exhaustive, illegal search of our client's car which yielded absolutely nothing, that the police arbitrarily claimed our client to be intoxicated and took him to the police station for booking. The police absolutely failed to conduct any testing or investigation into whether our client had actually been drinking and if so, whether any alleged alcohol consumption had impaired his ability to drive or was even above the legal limit.
After preparing our motion to dismiss, we first provided a copy of the motion to the prosecutor as a professional courtesy. We did so even prior to filing the motion with the court or even scheduling the motion for a hearing before the Judge. After reviewing our motion, the Prosecutor quickly agreed to dismiss the entire case outright, including drunk driving charge. Our office never even had to file the motion. By using our vast experience in defending drunk driving charges, our client was not only able to avoid having a criminal conviction, he was able to secure the return of his driver's license, his pistol and arrange for the return of his CPL license.
If you or anyone you know is arrested and charged with any crime, it is crucial that you retain an experienced attorney who will take the time to thoroughly analyze your case and explore all viable defenses on your behalf. To speak to an experienced criminal defense attorney, contact Freedman & Freedman today.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice please contact Freedman & Freedman or an attorney in your community who can assess the specifics of your situation.