Two For the Price of None
Client MT came to us charged with a first time DUI. He had blown right at the legal blood alcohol level of .08. But even though it was a close case, the State would not reduce the charge to Reckless Driving. That position hardened when MT was later found sleeping in his vehicle in the parking lot of a local shopping center and the officer arrested him for another DUI (being in “actual physical control” of a car is the same as driving it under the influence). And it was the same officer both times.
The second charge came up first when we filed a Motion to Suppress all of the evidence, arguing that the arresting officer illegally seized MT when he opened the door of the car to wake him up. The arresting cop said he was “concerned about MT’s welfare” so he opened the door. However we established from the first officer on-scene that he could tell MT was sleeping and not in any distress.
After the court granted our motion in that case, we went to jury trial on the first DUI and the same officer who had seen his second arrest thrown out did his best to persuade the jury MT was guilty. It took them an hour and a half, but the jury found MT not guilty. MT went 2 for 2.