OVI Dismissed- Suppression Hearing Exposes Weak Case
In most instances, reading through a police report is going to make anyone seem guilty. It is when an attorney further investigates into a matter that the truth is finally revealed. Our client was charged with OVI. He was said to have failed the Field Sobriety Tests, as well as blowing over on the PBT. Nevertheless, after discussing the case with my client, I found it necessary to have a Suppression Hearing on the case to challenge the validity of the stop and subsequent tests. After reviewing the video and cross-examining the officer, it was shown that the report was not entirely accurate, that my client had performed quite well on the Field Tests, and his driving performance was much better than what was described in the police report. Subsequently, the prosecutor and I, as well as the Judge discussed the possibility of dismissing the case. After much deliberation, the prosecution finally decided the case was not strong enough to move forward and dismissed the case. Without the Suppression Hearing, this would not have been possible.