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Category Archives: Dreamy Draw Justice Court Victories

DISMISSED | DUI (.111)(Dreamy Draw Justice Court No. 03-02903CR): Mr. D. was stopped for allegedly traveling 78 mph on the freeway. After he was stopped, only partial Field Sobriety Tests were done by the officer. Mr. D. provided a breath sample which resulted in a .111 BAC. Because the State was failing to timely provided discovery, we filed a Motion to Preclude Witness Testimony and Breath Test Results. The State ultimately conceded, and all charges were dismissed.

DISMISSED – Hit and Run, State v. Mr. S. (DMC No. 7194) (Dreamy Draw Justice Court No. JC2006-160203): Mr. S. was involved in a side-wipe collision with another vehicle. Immediately after the collision, Mr. S. threw a bottle filled with red liquid at the alleged victim. He subsequently left the scene without exchanging information. When he was charged with Hit and Run, and Assault, we were able to show that the actual collision was not his fault. However, his behavior afterward did result in a misdemeanor assault charge with a minor fine being imposed. This did not affect his insurance or his driver’s license.

DISMISSED | DWI (Dreamy Draw Justice Court No. 03-03302CR): Mr. D. was stopped for going 79 in a 65 mph zone. Upon contact by police, they noted an odor of alcohol and the “fly” of his pants was down. He asked for an attorney, and called our office. After speaking with one of our attorneys, he asked about an independent blood test. The officer told him he did not need one, because there was a second vial drawn for his use. We filed a Motion for interference with his right to counsel, given the fact that the officer talked our client out of asking to be released for an independent blood draw at the hospital. An Evidentiary Hearing was held, and the judge granted the motion, resulting in a dismissal of all charges.

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