DUI with priors DISMISSED

tag:blogger.com,1999:blog-4724016671644676449.post-72065412523008066402008-12-10T13:53:00.000-08:002009-01-29T10:34:31.593-08:00DUI with priors DISMISSEDMy client was charged with a DUI case in Orange County North Justice Center for an arrest by the Fullerton Police Department. He was facing significant jail time due to out of state priors, and a criminal history. Other lawyers recommended that we take a quick plea before his case got worse. My client decided that he wanted to fight the case at all costs and we challenged the government's case every step of the way. I filed a motion to suppress evidence based on the circumstances of the stop. The stop was made by Fullerton Police responding to a fight at a bar in downtown Fullerton. The officer testified at the hearing that based on the 911 call regarding the fight, he responded to the scene. The officer saw two females on the corner being detained by another officer and he saw my client leaving the area. Based on this, he initiated a traffic stop on my client, gave him a breathalyzer test which read nearly double the legal limit and ultimately arrested him for DUI. I argued that the officer had no reasonable suspicion to stop my client. No call had been made regarding his vehicle or anything he had done illegally. The officer had no information linking the girls in the fight to my client or his vehicle. The officer had nothing other than suspicion and a hunch that my client was somehow connected to the fight. I thought the case was a clear violation of my client's rights under the 4th ammendment but I knew it could go either way. I have had similar cases in the past where the Judge has ruled that the proximity of the stop to the investigation is enough to trigger reasonable suspicion. Fortunately in this case, the Judge was all ears. Not only did he grant the motion and dismiss my client's case entirely, he dressed down the DA in open court and let him know that this case never should have even been filed in the first place! My client avoided jail, probation, fines, and a conviction. He also avoided any penalties on his driver's license that could have resulted from the conviction. If you have been drinking, call a cab! But if you have been arrested call the Law Offices of Mark A. Gallagher<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4724016671644676449-7206541252300806640?l=www.socaldefenselawyer.com%2Fnews.php' alt='' /></div>Mark A. Gallagher, Attorney at Lawhttp://www.blogger.com/profile/03319040908489254390noreply@blogger.com1