As we have mentioned previously, sometimes having preliminary hearings are extremely valuable in setting the groundwork for defending a case, we did a little more than that in this case.
The client was charged with OWI and felony drug possession, because his OWI was a 5th offense, his prohibited alcohol concentration is .02, or basically one drink. The client was pulled over after allegedly driving 20 mph over the speed limit. The officer noticed a slight odor of intoxicants and the client was alleged to have red, glassy eyes.
On cross examination Attorney Chirafisi asked the officer if he believed he had probable cause to arrest the client for impaired driving, the officer answered honestly, "no" he did not. The officer also never testified to any of the drugs located in the vehicle. That was all we asked. At the conclusion of the hearing the judge indicated that because the officer stated he did not have probable cause to arrest and further, the officer was unaware of when he knew the client was subjected to the .02 blood alcohol level, there was no probable cause to arrest the client.
The case may come back, we will see. However, at this point the client was able to walk out of court with the 2 felony charges dismissed.