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Case 1: Fourth DUI > Not Guilty of DUI PDF Print E-mail

Summary of Charges:  Two counts of DUI, client allegedely failed field sobriety test and the blood test.  License was revoked.  Client was facing  Close to one year in jail, license revocation.

The Arrest The client was found asleep in his vehicle, parked in a lot with the engine running, his lights on and a shredded front tire. After being awakened, the officer allegedly observed the client to have blood-shot glassy eyes and a strong odor of alcohol on his breath. When asked what had happened to his tire, he replied that he didn't know, he was on his way home from a bar. When asked to exit his vehicle, he allegedly lost his balance and staggered to the rear of the vehicle. The officer requested the driver to perform field sobriety exercises, all of which he allegedly failed. The officer then arrested the client, and after transporting to the station asked him perform a breath test which the client refused, but consented to a blood test.  Facts of the Case   After the blood test, the client was charged with two counts of DUI, No Valid Insurance, and Driving Without a License. This was the client's fourth arrest for DUI. The State's Attorney was seeking just under one year in jail and would have ended in a conviction for DUI. The client would also have had his license revoked until such time as he could - through a separate proceeding, have his driving privileges reinstated.

Outcome:  Mr. Shaner and his client rejected the State's offer and proceeded to hearing, to Rescind the Suspension of his client's license. They also filed a Motion to Quash Arrest and Suppress Evidence. They prevailed on both issues before the Judge. The court ordered his client's License Suspension Rescinded, and granted their Motion Suppressing the Evidence. The State declined to proceed further on the DUI charges for lack of evidence. The State also dismissed all other charges against his client and he also retained his license.

 
 
" Mr. Shaner got my case dismissed and got my car back. Everyone said that would never happen! Thank you "
Client accused of felony drug offense
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