Hold These for me, Baby
SC was a different story. He had been stopped for weaving and, after refusing all tests, physical and chemical, was arrested for DUI. When searched he was found to have some pills in his pocket that weren’t prescribed to him. He was arrested for both misdemeanor DUI and for felony possession.
He had the good sense to hire me immediately and I sent the State proof that the pills belonged to his live-in girlfriend and that she had asked him to hold them for her because she wasn’t carrying a purse. Even though the law was on our side, the State filed both the felony drug possession and the misdemeanor DUI, as Count 2, offering to drop that felony if we plead to the DUI.
Knowing the felony case was weak, we pressed forward on a Motion to Dismiss that count without waiving speedy trial. The court granted dismissal of the felony which now left only the DUI which had to be re-filed in County Court. But, now that the felony was gone, and because we had not waived speedy trial, the state was out of time to do that.
So rather than having the felony, which never should have been filed, as leverage to force a plea on the misdemeanor DUI, the State had put themselves in a position where they could not even proceed on the DUI. A position we took advantage of.