Following exclusion of post-arrest statements and breathalyzer test, case dismissed
May 30, 2018, Brighton District Court case no. 1708CR00113 charging operating under the influence (DWI/OUI). Police arrested our client after observing him swerving and driving well under the speed limit (25 in a 40). He failed field sobriety tests, admitted to drinking, then failed the breathalyzer. We filed a motion to suppress, arguing that our client did not consent to the breathalyzer and did not voluntarily waive his Miranda rights. Following a hearing, the Court excluded our client's post-arrest statements and excluded the breathalyzer test from evidence. On 5/30/18, we appear for trial. The trooper does not. Case dismissed.
Practice area(s): DUI / DWI, Federal Crime, Constitutional Law