FELONY DWI w/CHILD PASSENGER
Case No. 1202611 – Michael B.
NO BILLED BY GRAND JURY
Mike was pulled over by police with guns drawn after a witness saw vehicles scattering like roaches when the light’s turned on to get out of the way of an 18-wheeler that “failed to maintain a single lane of travel many times.” His rights were never read but he took and passed the breath test. Police claimed he was DUI on medication. The drug recognition expert testified Mike was under the influence of a narcotic, a stimulant, and a depressant. He failed field sobriety tests and his eyes were “too erratic to conduct the HGN [eye] test”. Mike admitted to taking prescription medication. The severe weaving was admitted as well but attributed to the shoddy condition of his rig, which we documented with lengthy repair records. We prepared a well-documented brief for the Grand Jury and the Chief Prosecutor which included the fact that DOT would have shut the rig down had they inspected it, other valid reasons for Mike’s poor performance on the FST, which mimicked intoxication, and the inadmissibility of some of the evidence.
My wife and I team-drive over the road with our daughter. I had given up hope of being able to drive but now I’m looking forward to many miles ahead. [He would have lost his CDL with a DWI conviction.] Thanks to Mr. Haggard we’re ready to roll again!