Criminal Defense Lawyers Nationwide
Criminal Lawyers Directory Home Criminal Lawyers Directory Lawyers Criminal Lawyers Directory Members Criminal Lawyers Directory Sucess Stories Criminal Lawyers Directory Contact Information


1/21/2010 - Posted by:
Law Offices of Christopher J. McCann
Phone: (949) 596-0060
Fax: (949) 474-0306
Send Email  Visit Website

No Blood Alcohol Level is Too High!

Mr. McCann’s client was arrested and charged with DUI with a blood alcohol level of .24 (three times the legal limit.) Mr. McCann moved to suppress the evidence in court because the client’s vehicle was stopped without reasonable suspicion. The arresting officer alleged that the client had been driving his vehicle at night without his headlights on. Mr. McCann showed receipts and called the client and several friends to the stand to testify that, in fact, the client and his friends had just fixed the headlights that night, and the friends watched the client turn on his headlights and drive off just minutes before being stopped for allegedly not having his headlights on! The judge found the officer not credible and ruled that the client was stopped without reasonable suspicion. The judge ordered all the evidence suppressed. The district attorney was forced to dismiss their case. In the client’s DMV hearing, Mr. McCann successfully argued that the DMV’s only exhibit demonstrating any evidence of DUI—known as the “DS 367” form—was inadmissible as not having proper evidentiary foundation under Evidence Code § 1280. Consequently, the DMV hearing officer would not receive the document into evidence and was forced to set aside the action against the client.
 
Criminal Defense Attorneys CLICK HERE
Select Criminal Defense Lawyers by State
Driving on a Suspended/Revoked License Reckless Driving Assault
Breaking and Entering Possession of Drug Paraphernalia Leaving the Scene of an Accident
Larceny/Theft Kidnapping Drug Possession
Burglary Wire fraud Robbery
Carjacking Battery Perjury
Sexual assault Rape Sexual battery
Prostitution Trespass Manslaughter
Obscenity Domestic Violence Disorderly Conduct
Criminal Sexual Conduct Criminal Confinement Conspiracy
DUI / DWI Intimidation Lewdness
Arson Possession of stolen property False Imprisonment
Forgery Tax Evasion Securities Fraud
Telemarketing Fraud Bribery Embezzlement
Insurance Fraud Money Laundering Indecent Exposure
Identity Theft Pyramid Schemes Fraud
Habitual Traffic Offender Extortion Stalking
Child Abuse Hate Crimes Homicide
First Degree Murder Second Degree Murder Voluntary manslaughter
Involuntary manslaughter Justifiable Homicide
 RSS Feeds  |  Articles  |  Jobs  |  Leads  |  Criminal Defense Law Blog
SiteMap  | MembersFAQ | Member Directory  | Success Stories  | Press Releases
Copyright © 2008. “FDPInc.net”. All rights reserved.

...