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Our client, 27 years old, has been employed in the trucking business for years. His upcoming promotion was contingent in him holding his CDL. After a long work week he went out with his mother and brother for a late dinner. After dinner he was stopped 100 yards from his home by a State Trooper. He was arrested for first offense OVI / DUI after performing the SFSTs and subsequently blew a .158 – almost twice the legal limit.
Attorney Chase Mallory filed a motion to suppress the breath test and at the suppression hearing the state agreed to dismiss the charge associated with the breath test just prior to starting the hearing. The case was then scheduled for jury trial.
Attorney Mallory advised our client to force the state to prove their case at a trial. Despite the prosecutor contending that there was no way the state could lose, the jury returned with a not guilty verdict after less than 10 minutes of deliberating.