BASIC FACTS: The defendant was stopped because he allegedly had a “plate light out”.  Another reason was likely that it was late at night.  Based on this minor infraction the officer stopped the defendant’s car.  After the stop, the officer reported that he smelled the usual obvious odor of alcohol and that the defendant had balance problems.  The defendant voluntarily submitted to three “field sobriety tests” that he supposedly failed.  He was arrested and charged with DWI.  The defendant agreed to take a breath test at the road side and blew a .209.  He agreed to take another breath test at the station and blew a .17.  He agreed to a blood test that resulted in a .16.  Based on the test results the defendant was charged with aggravated DWI.  If convicted, he faced a mandatory jail sentence and a minimum one year loss of his driving license.  He hired Attorney Stevens to fight the aggravated DWI and DWI charges.

DEFENSE:     Attorney Stevens filed a motion to suppress all evidence.  His argument was that the stop and arrest were illegal because the defendant had done nothing wrong.  Based on a careful review of the plate light statute, it appeared that the defendant had not actually violated the statute at all.  Attorney Stevens filed a motion to suppress all the evidence in the case.  After a hearing and legal arguments, the Court granted the motion to suppress.  The case was dismissed.  As a footnote, Attorney Stevens also obtained a dismissal of this driver’s administrative license suspension for the blood test result over .08.  The driver never suffered any suspension at all!  He was not even fined for the plate light.  

RESULT:       ALLCHARGES: AGGRAVATED DWI AND DWI CHARGES DISMISSED!!!

Attorney Stevens thanks God for this successful defense!!!

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