I recently took a second offense DUI case out of Mifflinburg, Pennsylvania, Union County. I was reluctant at first, because I couldn't point to Mifflinburg on the map or Union County. I knew it must be somewhere in the middle of the state. However, I wanted to help this guy out and get his charges dismissed. As the saying goes, "if you buy, I'll fly."
The case all hinged on the officers observations of my client and the field sobriety tests (link to pennduidefense.com field sobriety test page) since my client refused any chemical testing of his blood. When I arrived at the prelim., I didn't think I had a chance of getting the charges dismissed at the prelim. level. I thought "big city attorney in a small town, not a chance with the local politics." However, I was pleasantly surprised. I cross-examined the police officer and used a few helpful techniques I picked up along the way that helped me get the case dismissed.
When I read the police report (at the prelim. Known as the affidavit of probable cause) I noticed my client was charged with speeding but no other traffic offenses. I cross-examined the officer and established that my client traveled 3-4 miles without crossing the double yellow or fog line. This is significant. Most drivers cross these lines inadvertently on a day to day basis without being drunk. Heck, I cross the lines everyday when I go to work. It's pretty hard for a guy to be too intoxicated behind the wheel and drive the car as straight as an arrow.
Next, police officers usually put standard boilerplate language in every affidavit of probable cause. I've done hundreds of DUI cases in Pennsylvania and they all say just about the same thing: "I noticed an odor of alcohol emanating from the vehicle, and the suspect exhibited bloodshot glass eyes and slurred speech which are consistent with intoxication. The suspect then fumbled for his license and registration." Like clockwork the police will put these items in their report. In this particular case, the officer left a few of these things out.
I cross-examined the officer and established that my client successfully handed over his license and registration without hesitation. I also established that my client did not have bloodshot or glassy eyes, his speech was not slurred. (the officer left these things out of his affidavit) Furthermore, he safely pulled over his vehicle and successfully handed the officer his driver's license and registration without hesitation. The cops will always say in their reports that the DUI suspect was fumbling for their license and registration. I argued to the judge that if my client can drive 4 miles without crossing over any road markers, safely pull his car over, and give license and registration without any fumbling than how can the officer prove that he was incapable of safely driving his vehicle. When there is a DUI refusal, the police must prove that the defendant was "incapable of safe driving." I argued that my client was capable of safe driving, in fact he did safely drive his vehicle while being followed by police for 4 miles.
The judge agreed with me and dismissed all DUI charges at the preliminary hearing. He found my client guilty of going 10 mph over the speed limit. My client was ecstatic.
Contact Pennsylvania DUI refusal lawyer , Jason R. Antoine if you or someone you know refused a breath test. I've said it before in blogs and I'll say it again, if you refuse a breath test or blood test and you are not throwing up on yourself drunk, the chances are that I am going to win your case.
