Flashback Friday - Dismissal of DWI
Flashback Friday – DISMISSAL of DWI – Client was pulled over by an officer for Failure to maintain a single lane because my client “drifted from the inside to the outside lane with both right side tires.” The officer had his camera on but “mysteriously” the camera was pointed 90 degrees to the right rather than straight ahead, which made it impossible to verify if that was true or not. From my experience with another case I knew the courts confirmed that failure to maintain a single lane was a two prong test, which required the officer to put forth evidence that it was unsafe to do so as well.
Being that the officer’s camera was MYSTERIOUSLY but now conveniently pointed to the right it was easy to see that the roadway was too empty to for the single weave to be unsafe. After revisiting probable cause the judge agreed with me that there was not any probable cause and the prosecutor agreed to dismiss. Client was thankful for a fair legal process. Client has been wanting me to post this with his face showing but since it was dismissed I didn’t want there to be any record of the offense once he gets this expunged from his record. I’m glad I finally figured out how to use emojis.