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
County:           Forsyth

What Happened

Law enforcement officers responded to a call for a domestic disturbance. 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, immediately began performing standardized field sobriety tests.

Defense Strategy

Upon review of all the discovery, we noticed two major holes in the State’s case:

1. The law enforcement officer did administer any of the field sobriety tests correctly; and
2. No one could testify with their own personal knowledge that our client drove the car.

Improper Arrest

Using a Motion to Suppress, we argued that our client’s Constitutional rights were violated. More specifically, we argued that our client’s 4^th Amendment rights were violated. The 4^th Amendment protects you from unreasonable seizures—not just searches.

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. The court granted our motion and dismissed all charges against the client.

Suppression Hearing

At the Suppression Hearing, we were able to bring out, through cross-examination, all the shortcomings in the law enforcement officer’s investigation. That is what it’s important to have 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 their ability for the Court to rely on them.

Additionally, we were able to credibly point out that no testimony was given for a key element of a DWI—proof of driving.