I am representing an individual charged with DUI based upon consuming cannabis. As part of my representation on this case, I requested the “discovery” on this case. Discovery is all of the evidence the prosecutor has regarding the arrest of a person. Discovery usually consists of a narrative by the arresting police officer of what occurred, detailed notes on the field sobriety tests that were performed (or not performed) at the roadside and any video evidence.
In this case, the officer’s narrative states that my client failed all of the field sobriety tests but does not go into detail. However, the video of the arrest shows that the police office only administered one of the three standardized tests and the one that was administered was done so improperly.
Once I found these serious errors in the officer’s statement and video, I filed a “Motion to Quash” the arrest. A “Motion to Quash” is a formal request for the court to dismiss the case because the police officer did not have enough reason to arrest my client. This officer did not have enough reason to arrest my client because the officer did not properly administer all of the standardized tests. The tests the officer did not administer were the One Leg Stand Test and the Walk and Turn Test.
If the judge grants my “Motion to Quash” all of the evidence will be barred and the prosecutor will have not evidence to present. Without evidence, the prosecutor voluntary dismisses the case.
