One of our primary practice areas here at Frye Law Group is DUI defense. Despite the numerous ways a driver can run afoul of the law, there are many ways to contest a DUI charge. Before a police officer stops a motor vehicle, he or she must have an articulable suspicion of a crime, which means behavior or evidence was observed that would lead the officer to believe a crime was committed. What constitutes articulable suspicion is fact-specific and can be different for each case. When there has been a clear violation of the law, such as a speeding car or an expired license plate, articulable suspicion exists. In other instances, the police are clearly wrong. Driving in the early morning hours at approximately 1:30 a.m on a Friday or Saturday night does not by itself create articulable suspicion.
A recent jury trial case our team took on involved a permanent resident who was waiting to naturalize as a citizen. One evening, her friends invited her to a “Girls Night Out,” where they went out to dinner and then went dancing. She offered to be her friends’ designated driver, consuming only two alcoholic drinks throughout the entire night. On the drive home, she was pulled over and even though she was compliant with the officer, she was arrested for a DUI. Her citizenship process was being held up due to the charge and the prosecutor refused to reduce the case, so our client elected to have a jury trial. It took 18 months from the time she was arrested for the case to go to trial, but in the end, the jury agreed that she was not impaired and acquitted her of the DUI. Her name has been cleared and she can now continue the process of becoming a citizen. Congratulations to our client on this win!
This case is a perfect example of how Kim and her team utilize extensive training and experience to achieve great results. If you or somebody you know has been charged with a DUI, please don’t hesitate to reach out to our firm today.