The Glazer Law Office recently prevailed in two more Appeals which were filed by the State in DUI cases, resulting in dismissals of all charges.
In the first case, the client had submitted to a breath test which resulted in .149, nearly twice the .08 limit. Upon reviewing the evidence, The Glazer Law Office identified an issue with the procedure undertaken by the officer prior to the breath test; specifically, the officer failed to conduct a proper “deprivation period” because he did not check the client’s mouth for foreign objects until merely minutes before the test. The Glazer Law Office moved to suppress the breath test results, and the trial court judge agreed. The State was forced to dismiss the case but subsequently appealed the trial court judge’s decision. On appeal, The Glazer Law Office argued that the State did not file in a timely manner in accordance with the law. The appellate judge agreed, and the Appeal was dismissed.
In the second case, the client had submitted to a breath test which resulted in .178, over twice the .08 limit. A pretrial interview with the investigating officer conducted by The Glazer Law Office revealed that the officer conducted a roadside DUI investigation without observing a single physiological sign of impairment (such as the odor of alcohol, bloodshot eyes, or slurred speech). The Glazer Law Office moved to suppress the results of the field sobriety and breath test results, arguing that the officer lacked reasonable suspicion. The trial court judge agreed. The State was forced to dismiss the case but appealed the suppression decision. On appeal, The Glazer Law Office fought for the client, and the State’s Appeal was dismissed.