Client was arrested in Lee County, Alabama after being pulled over and charged with DUI. Bence Law Firm tried the case and all charges were dismissed in court.
The State of Alabama alleged our client failed to drive in a “reasonable and prudent manner” in a neighborhood and was pulled over for speeding. The State of Alabama argued that our client had an odor of alcohol on his breath, his face was pale and his speech was confused and mumbling. Client agreed to a field sobriety test (which he failed) and a portable breath test (which he blew over the legal limit).
Our case theory was that our client was not speeding; his face was pale because he is a Caucasian male in the month of March; and who doesn’t get nervous and confused after getting pulled over by the police. Hell, I’m an attorney and know my rights: but my heart rate still doubles when I see blue lights in my rear view mirror.
At trial, Bence Law Firm successfully argued that the officer could not prove our client was speeding; therefore, our client should have never been pulled over. Thus, there was no probable cause. And, if our client should have never been pulled over, then he should not have been arrested for DUI.
The judge agreed and dismissed the DUI and speeding charges. The State of Alabama failed to prove their case beyond all reasonable doubt.
**Remember- always make the State prove you were guilty. Client could have easily thrown in the towel on this DUI, but decided to fight it. Sometimes, the police make mistakes in the arrest. When they do, the State has a hard time proving their case.