Driving Under the Influence Case Wins
Question: Can you discuss some of your Alabama DUI case wins?
Answer: At Polson & Polson, we handle hundreds and hundreds of DUI cases every year. Some of the case wins that I can highlight just as a sampling are, recently we had a client that blew a .25 breath test after being stopped on the interstate for recklessly driving. When he was taken to the station and administered the breath test, the officer left the room and we were able, through our discovery process, to prove that one of the administrative protocols was breached and therefore we filed a motion to suppress and the breath test was thrown out of evidence. By the way that particular client was charged under what we call the A1 Subsection of the DUI statute, which really means his prosecution was solely based on what his breath result was, we were able to have this case dismissed. So even on the front end, it looked like a very severe case with the high breath. Because of our defense, he was able to be found not guilty.
Another example is, we recently had an Alabama state trooper stop one of our clients for going 98 miles an hour on the interstate. He was given field sobriety tests, which the officer or the trooper opined that he failed, and then was taken to the jail where he blew a .14 on his breath test. After a jury trial, he was found not guilty of DUI. As well, we recently had a professional with a professional license at stake charged with three counts of felony vehicular assault and one count of felony leaving the scene of the accident. After a lengthy period of litigation, we were able to have all felony counts dismissed, no jail time, and the person was able to save the professional license.