A sampling of Alabama DUI case results from the Smith Law Firm
STATE OF ALABAMA VS. T. W.
Case: DUI – One vehicle accident that rolled over 3 times and exploded into fire. Client refused to be tested
Case scenerio: Client was involved in a one vehicle accident that rolled over 3 times and exploded into fire. He refused all testing. He did admit to drinking alcohol earlier in the day.
Outcome: DUI Defense Attorney Reggie Smith advised Client that his head trauma from the accident and its symptoms of confusion, disorientation, slurred speech and unsteady walk will mimic a DUI. He advised Client that head trauma is a condition in the Officer’s training manual that will mimic a DUI.
Results: Client plead not guilty and took the case to trial. At trial the arresting Officer did not respond to the States subpoena to testify and he was found not guilty.
STATE OF ALABAMA VS. B. M.
Case: DUI – Two vehicle accident where client struck another car in rear on I-59 at 80 M.P.H.
Case scenerio: Two vehicle accident where client struck another car in rear on I-59 at 80 M.P.H. Client had one prior DUI conviction plus another pending DUI in another Court. Client refused to be tested by the arresting Officer. He refused all testing. He did admit to drinking alcohol earlier in the day.
Outcome: DUI Defense Attorney Reggie Smith advised Client that his head trauma from the accident and its symptoms of confusion, disorientation, slurred speech and unsteady walk will mimic a DUI. He advised Client that head trauma is a condition in the Officer’s training manual that will mimic a DUI.
Results: Client plead not guilty and took the case to trial. The arresting Officer did not appear to testify and the case was dismissed.
MUNICIPALITY VS. T.O.
Case: DUI Client blew over twice the legal presumed level of intoxication at 0.18 BAC
Case scenerio: Client was found ‘asleep’ by local police in a restaurant parking lot with a bottle of liquor between his legs. Client had a strong odor of alcohol.
Outcome: Alabama DUI Defense Lawyer Reggie Smith successfully negotiated with the municipal prosecutor to dismiss the client’s charges for DUI. Client faced severe penalties if he had been convicted under these Alabama DUI Laws. DUI Defense Attorney Reggie Smith was able to show the police failed to establish when the Client became impaired and proof could not be shown he was impaired while driving on the public roads as opposed on private property.
Results: Case Dismissed
STATE OF ALABAMA VS. D.B.
Case: DUI – Number 3 DUI charge in 5 years – Client refused to be tested
Case scenerio: Client was found ‘asleep’ parked on side of road with car running, car in drive and foot on brakes. Client had odor of alcohol, with bloodshot eyes and difficulty following instructions. A State of Alabama driver’s license road block was in session when the Troopers heard a loud noise of a vehicle crash whereupon they found Client. Client was charged with DUI as number 3 in a five year period.
Outcome: Client was subject to mandatory jail, large fines and loss of driver’s license for three years if found guilty. DUI Defense Attorney Reggie Smith was able to negotiate for the case to be dismissed upon Client performing certain alcohol rehabilitation.
MUNICIPALITY VS. E.
Case: DUI- Number 3 DUI in 5 years; Client blew 0.25 over 3 times the legal limit of intoxication
Scenerio: Client drove from Central Alabama to another County to visit family. Upon leaving the family gathering she was arrested for DUI by local city police. Client was subjected to mandatory jail, large fines and loss of driver’s license for three years if found guilty. A conviction would have caused her to serve a lengthy jail term. A jail term would cause her to lose her employment and accruing of retirement benefits.
Outcome: DUI Defense Attorney Reggie Smith was able to negotiate the case to be dismissed in exchange for Client performing certain DUI education and community services.
STATE OF ALABAMA VS. W.P.
Case: Client was an out of state Commercial Driver’s License holder charged with DUI
Scenerio: Client entered an Alabama weigh station with his commercial vehicle and officers smelled alcohol on his breath. CDL regulations mandate an odor of alcohol transposes to a DUI arrest. A conviction would equate to loss of his CDL license and would be unemployed.
Outcome: The police failed to take the Client in to the jail for bonding out purposes. They wrote him a ticket and sent him on his way. DUI Defense Attorney Reggie Smith was able to negotiate the case to be dismissed due to the Court having no jurisdiction over the Client for failure to detain and bond him out of jail.
Results: Case Dismissed
STATE OF ALABAMA VS J.T.
Case: Client was in a car accident from falling asleep and was arrested for DUI
Scenerio: Client had driven a long way from his job back to Alabama. He fell asleep at the wheel and crossed over the interstate median crashing into an embankment on the opposite side of the interstate. Client was charged with DUI do to having failed certain eye tests and leg usage tests.
Outcome: DUI Defense Attorney was able to have the State of Alabama dismiss the case due to an incomplete investigation that would show alcohol in Clients blood.
Results: Case Dismissed
