Washington, DC DUI Lawyer Gets DUI Charges Dismissed At Trial

  • K. Lawson Wellington,
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#InCourt @DC Superior Court:
(It must be) the government see me coming in this tie. (I can’t tell the number of cases I’ve had dismissed wearing it.) Game face ready!
Client is arrested and charged a couple months ago for Driving under the Influence. The police reports that ‘Officer X’ was on his way home when he “observed a crash”. He pulls over and approaches the vehicle to provide assistance ultimately “cutting” client out of the car. Upon further investigation, he suspects that client was operating under the influence of alcohol and calls for a *certified field sobriety officer to respond to the scene. This is notwithstanding the fact that client informed him he was a Lyft driver and was coming off his shift and heading home. Client explains further that he was distracted by his cell phone resulting in the accident. The officer is unfazed and is more convinced of his suspicions because he “observes an open container of alcohol inside the car.”
Other officers arrive to the scene and, after consultation, supports his ‘suspicion’. Client is made to perform field sobriety – HGN, Walk and Turn & One-Legged Stand – test though just involved in a crash where both front airbags, as reported by the police, deployed. He ‘fails’ the sobriety tests and is arrested for DUI. At the police station he refuses – as is his right+ – to submit to chemical breath testing. He is charged with DC DUI Refusal and released with a court date.
The matter is set for trial and on the day of trial, even though other officers are, Officer X is not present. The prosecutor indicates he is not ready for trial and I ask the Judge to dismiss the case for lack of prosecution. #DUI charges dismissed the day of trial. #ImDoneHere!
Paramedics were also called; however, client declined treatment.
There are potential suspension consequences for refusing chemical – breath, urine and/or blood – testing in Washington, DC if arrested for suspicion of DUI. Ultimately, an individual MUST be accorded a Show Cause Hearing at the Department of Motor Vehicles and therefore it s NOT automatic that if one refuses the test at the station, one’s driving privileges will be suspended. There is due process.
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Here’s my card: www.wellingtonlawdc.com If you, or someone you know, needs help, give us a call. We will #help! It is important to contact a Washington, DC #DUI defense attorney if you are facing drunk-driving charges in the District of Columbia. A DUI matter can have potential devastating consequences and a skilled #DCDUIdefenselawyer can make all the difference. If you, or someone you know, need legal assistance with this or a similar matter, call and ask to speak to one of our experienced DC DUI trial lawyers today: 202.486.1186.

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