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2nd Offense DUI Drugs Case Dismissed
Posted by Ted Agnick, The Lawyer | Posted in DUI Defenses, DUI Penalty Information | Posted on 06-10-2010
Many times people do not know what can lead to a dismissal or reduced charges in their DUI case. Recently, I got a DUI Drugs [A.R.S. 28-1381(a)(3)] case dismissed after the judge suppressed my client’s admission that he had smoked Marijuana. Because the admission/confession was obtained illegally, the judge suppressed the statements and the “fruits thereof.” This meant that all resulting evidence (including the blood sample) following my client’s illegal confession were suppressed.
Because the essential evidence the state needed to prove their case was suppressed, the State dismissed their case. This was very beneficial for my client. Because, if he had been convicted, this would have been his second offense within 7 years, and he would have had to serve 30 consecutive days in jail and his license would have been revoked for one year. Fortunately, the judge was protecting our constitutional rights as citizens at large when he determined the manner in which the officer obtained the confession was illegal. The judge viewed the case from the big picture of protecting our society and community in general from unconstitutional law enforcement practices.
Legal issues like these are why people charged with DUI should always consult an exeprienced DUI lawyer about their case. In most cases, you can get a free initial consultation. Therefore, there is no reason you should plead guilty without first consulting a DUI lawyer about your case.
Justice Under Our Constitution Prevails
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