My client who has a CDL license was recently found Not Guilty of his second DUI, (the Statutory Summary Suspension) was also rescinded.
The police officer was following my client and saw that my client was straddling both lanes of traffic (headed in the same direction) and would go from lane to lane, but not completely entering any one lane without a turn signal. The police officer testified that my client stopped suddenly and made a left hand turn from the left lane when there was left turn lane.
My client admitted to drinking alcohol and failed the first test: the HGN, (eye test). The police officer and my client relocated to the sidewalk and my client tripped on the curb, almost falling. My client then refused any more testing.
I first did a hearing on the Statutory Summary Suspension and the Judge found that the police officer did not have reasonable grounds to believe that my client was driving under the influence of alcohol. We then did a stipulated bench trial and the Judge found my client not guilty.
The case lasted two months and we had three court appearances. My client’s CDL license was reinstated and all references to the DUI have been removed from my client’s driving record.
