CLIENT WITH .24 BAC DRUNK DRIVING OFFENSE – DISMISSED
Client was observed by police driving erratically and ultimately arrested for drunk driving. Attorney Awad requested and received the in-car videotape of the incident as well as the videotape capturing his client's breath test at the police station. When reviewing the breathalyzer video, Attorney Awad observed his client place something in her mouth and retrieve items from her purse. As the law required that nothing be placed in an individual's mouth prior to the test, Attorney Awad viewed the tape in court and cross examined the arrested officer regarding the improper administration of the breath test. The judge ultimately ruled in favor of the client and prohibited the use of the breath test results in the case. Faced with a major loss of evidence, the city attorney dismissed the drunk driving charge and amended the offense to a simple non-alcohol related traffic ticket.