Not Guilty Verdict for DUI Defendant: Third Offense

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S.R. was observed colliding with a parked vehicle and driving off into the night.  The complaining witness took down his license plate number and provided it to police.  Officers located S.R. at a BP gas station several blocks away within thirty minutes of the incident.  The arresting officer observed S.R. staggering, with bloodshot eyes, and speaking incoherently. He was arrested for Driving Under the Influence.  S.R. had multiple prior DUIs.  If convicted S.R. faced a mandatory one year minimum period of incarceration.  Mr. Copoulos litigated a motion to suppress the evidence stating that the blood results were inadmissible under Birchfield v. North Dakota.  The motion was conceded.  The Commonwealth called the observing officer and Mr. Copoulos was able to get him to admit several key facts: S.R. was stopped for failure to use turn signal only, S.R. was not stopped for DUI upon arrival in the B.P. parking lot, S.R. was observed driving his vehicle for less than two blocks before the stop was effectuated.  The Court held that there was insufficient evidence to find defendant incapable of driving safely.  S.R. was found not guilty.

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Author:

Mark D. Copoulos

Mark D. Copoulos

From 2008-2011 Mark D. Copoulos worked for the First Judicial District, the Honorable Arnold, and the Honorable Shelley-Robins as interns and/or staff....

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