2nd Offense - Video Contradicted Police Report
Cop watched client swerve into opposite lane in front of oncoming traffic before she "jerked the wheel" to make a left turn. Cop then said client failed all roadside balancing tests, was swaying while standing, and couldn't keep her balance and stumbled around while walking. However, attorney Dunn had filed a motion to preserve all video and showed that video at trial. The jury was able to see with their own eyes that client had no balance problems whatsoever while walking and stood perfectly straight and still. Jury quickly voted Not Guilty. Then attorney Dunn immediately filed a motion and convinced the judge to reverse the 3-year breath test refusal suspension.
Practice area(s): DUI / DWI