Our client somehow found his vehicle on the wrong side of the concrete barrier under an interstate overpass. The State Patrol arrived on the scene and believed the client to be intoxicated. According to police, he had slurred speech, an odor of intoxicants and admitted to drinking--not to mention the vehicle was on the wrong side of the concrete barrier.
Attorney Corey Chirafisi began working on the case, and after review all the reports and viewing the video on the case, he discovered that there was no indication as to what time the vehicle and been operated. None of the four or five officers on the scene ever asked the client what time the accident occurred, and the client never made any statements providing that information.
Attorney Chirafisi filed a Motion to Strip the Test of its Presumption of Reliability based on a lack of information as to the test being taken within three (3) hours of driving. The trooper conceded that she had no idea what time the driving occurred in the case. The government then conceded that the test result would not be able to be admitted into evidence. Shortly after, they gave their entire case up. All charges were dismissed.