A client of mine was pulled over by the Webster Police Department for an alleged traffic violation. Video from the scene of the alleged crime showed that my client had trouble exiting his car, and had trouble standing.
My client refused all field sobriety tests and was arrested and charged with Driving While Intoxicated (DWI).
My client told me he had leg cramps at the time and wasn’t drunk. He also added that he didn’t like the officer, or the Webster Police Department, and would rather spit in the arresting officer’s eye than take a plea bargain.
We set the DWI case for trial
I viewed the video of the officer making stops for DWIs and was surprised to see the first 12 stops of the officer’s night.
The video showed that he randomly stopped 12 citizens before stopping my client.
With his mic & loudspeaker on, he approached everyone and said, “I pulled you over for a traffic violation, uh, by the way, have you had anything to drink tonight”?
Unbelievable!
The officer was “fishing” for DWI arrests.
All twelve of those pulled over said, “ I haven’t had anything to drink.”
The Officer replied;“Well I’ll let you go with a warning.”
The prosecuting attorney and I had an argument about the defense recording of the tape. We took it to the judge and she agreed that I would be allowed to make a copy. While this was going on somehow the tape was accidentally erased by the DWI video room operator. I brought this and the contents of the tape to the attention of the trial court.
Under cross-examination the arresting officer smiled and denied making any illegal stops prior to pulling over my client.
The Judge became angry, stopped the jury trial, asked the prosecutors and me to come to her office and in a loud voice said;
“the cop is a liar and he has a bad attitude, WHAT ARE YOU GOING TO DO ABOUT IT? “
The prosecutor dismissed the DWI.
CASE RESULT: Dismissed
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