Thursday, January 8, 2015

Nice Win for Nick Lee

Our Senior Associate Nicholas Lee had a nice win for our client today.  HLG was representing a Colorado citizen that was arrested for DUI in Woodward, OK.  After we obtained the patrol video of the stop as well as the other discovery, Nick sent the video to the prosecutor asking for outright dismissal as we didn't think there was probable cause to arrest our client for a DUI.  The prosecutor didn't agree and basically told us to take the deal or go to trial.  Preparing for trial, Nick asked for a evidentiary hearing on the stop so we could argue for the case to be dismissed for lack of probable cause for arrest. 

Today, Nick shows up ready and armed with the video and case law for the motion hearings.  After further discussions and review, the prosecutor dismissed the DUI against our client.  Congrats to Nick and our client.

This case involved the use of a portable breath testing device and Field Sobriety Tests of which Nick has received extensive training in the use (or more commonly, the misuse) of these testing devices.

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