Fresno Drunk Driving Charge Dismissed!!
Dec 30, 2013
On Monday, we won another DUI case in the Fresno County Superior Court. After filing a motion to suppress based upon an unlawful stop, the Honorable Judge Dennis Peterson granted our motion. The issue at hand was that the CHP Officer saw our client come to a "skidding stop." He also heard the tires screech prior to witnessing our client's vehicle come to a rest. His reason for pulling our client over was that our client had "abruptly braked" and there was no other traffic at the time. Of course, the stop occurred well after midnight and the officer suspected our client was impaired. After conducting the initial detention, our client was administered field sobriety tests and given a breathalyzer that showed a level of .23%. He was, of course, arrested for drunk driving and given a citation to appear in the Fresno County Superior Court.
After hearing the evidence at the suppression hearing, Judge Peterson rightly concluded that there had been no observed violation of the law. Subsequently, the Fresno District Attorney's Office, by and through the deputy DA handling the case, asked for a 30 day continuance to consider appealing the ruling. Given that the ruling was rock solid, the DA's office chose not to appeal and instead agreed to dismiss the case.
This case exemplifies the advantages of hiring a Fresno DUI Attorney to defend your case. At first glance, somebody might say, "hey, I'll take my punishment;" however, it remains important to take a good look at your case to see if you can present a defense. Nobody should have to be the victim of an illegal police detention. If you can avoid a conviction, fines, probation, license suspension or jail time, why wouldn't you consult with an attorney to find out about your options? Feel free to give us a call or send us an email if you find yourself in a DUI situation and are looking for possible avenues to avoid a serious mistake.
Category: Suppression Motions
Michael Mitchell
Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.