BASIC FACTS: A police officer followed this driver for half a mile.  In a 30 mph zone, the officer clocked the driver on radar traveling between 27 and 31 while she drove immediately behind him.  The driver pulled into a convenience store that was closed.  When he tried to leave the parking lot the officer pulled up alongside him and told him to roll down his window.

The officer claimed the driver’s speech was slurred and activated the blue lights on the cruiser.  The police officer then marched the driver through the usual goulash of sidewalk gymnastics called “field sobriety tests”.  The driver allegedly failed a pen test (police call these a horizontal gaze nystagmus, or “HGN” tests), a “nine step walk and turn test”, and a “one leg stand test”.  The driver admitted drinking “a few beers” shortly prior to driving.  After the battery of the balancing and pen-following exercises, the officer arrested the driver and charged him with DWI.  The driver decided to risk blowing into the breath testing gadget at the police station.  He blew a .10.

After his arrest, the defendant hired Attorney Stevens to fight the DWI charge.

DEFENSE:     Because the officer had no real legal reason to stop the driver, Attorney Stevens filed a motion to suppress (throw out or exclude) all the evidence that followed the illegal stopping of the driver’s car.  After a hearing, the Court agreed with Attorney Stevens that there was no legal reason to stop the driver’s car, and excluded all the evidence in the case.  The driver’s DWI case was dismissed!

RESULT:       DWI CASE DISMISSED!!!

Attorney Stevens thanks God for this successful defense!!!

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