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Field Sobriety Tests Performed Incorrectly, No Proof of Driving Leads to Dismissal of DWI

Attorney: Dylan W. Greenwood

Charge: Driving While Impaired

Case Result: Dismissed by Court after Motion to Suppress Granted

Our client was alleged to have been arguing with an ex-significant other outside of a residence. Our client’s car was parked outside the residence, and when officers responded, they immediately began performing standardized field sobriety tests. No one could testify with their personal knowledge that our client drove the car. Using a Motion to Suppress, we argued that our client’s 4th Amendment protections from unreasonable search and seizure were violated. These motions prevent evidence obtained through unconstitutional means from being presented to a court. We filed our Motion to Suppress due to the police not having enough probable cause to arrest our client.

At the Suppression Hearing, we were able to shed light on, through cross-examination, all the shortcomings in the law enforcement officer’s investigation. That is why it is critical to retain an attorney who understands all the in’s and outs of the National Highway Traffic Safety Administration’s Field Sobriety Tests. Only by knowing all those details were we able to successfully discredit the ability of the Court to rely on them. The court granted our motion and dismissed all charges against the client. Additionally, we were able to credibly point out that no testimony was given for a key element of a DWI — proof of driving.

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