News & Wins

Associate Attorney Denise L. Childress Saves U.S. Marine’s License

27 year old marine stopped while changing tire after having an accident. Officer reports a strong odor of alcohol, watery, bloodshot, glassy eyes, slurred and confused speech, swaying, staggering, profanity and fighting. Because Client was so combative, the officer placed him into protective custody and had to use multiple restraining devices. As such, Client could not perform any field sobriety tests and later refused to submit a chemical analysis of his breath.

RESULT: The Court ordered that the administrative alcohol revocation be set aside because the officer lacked probable cause to believe Client had been impaired at the time of driving and that Client was not under arrest at the time he refused. Driving privileges were restored.

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