I review all police reports for defects before deciding whether to subpoena the officer to the hearing. If I decide to subpoena the officer, I wait until the last possible minute and then do a last minute service of subpoena in the hopes the officer will not show and we will win the hearing by …
Client keeps his license – Pulled over for weaving and BAC .146 Read More »
Our client (the defendant) was stopped for speeding, 55 in a 45. The officer noted a very strong odor of unknown alcoholic beverage, slurred speech, bloodshot and watery eyes. Defendant admitted drinking alcohol. Defendant initially refused to take either a blood or a breath test and so the officer drove him to the Larimer County Detention …
Case dismissed – Clients driving privileges returned Read More »
We recently represented a client for a driver’s license hearing where our client (the defendant) refused to do a blood test when requested by the officer. Defendant was pulled over for speeding and having a defective taillight. The officer noticed the odor of an alcoholic beverage on his breath, bloodshot eyes, and observed two clues of horizontal gaze nystagmus. During a search, …
Brad Allin always requests a second blood sample to be analyzed at an independent lab. In this particular case the results of the 2nd sample came back below .08. (The 1st was above .08) I provided the test results to the DMV and the action was dismissed. Client kept his drivers license.
Client arrested in own home after allegation of hit and run accident. I argued that arrest in own home without warrant was illegal and recent changes to the statute allows me to argue the illegal initial contact at the administrative drivers license hearing. Hearing officer agreed and dismissed case. Client kept his drivers license.
Defendant was an underage young man, stopped for failing to stop at a red light and for having three people on a two-person motor scooter. He exhibited blood shot eyes, slurred speech, and admitted drinking but refused a blood or breath test. The District Attorney agreed to dismiss the case after one year supervision, provided …
District Attorney agrees to dismiss case after one year supervision Read More »
Our client’s driver’s license in a situation where an accident occurred and Defendant was contacted and later blew a breath sample of .205. We won the driver’s license hearing, retaining Defendant’s driving privileges because the State could not prove when the accident occurred, and therefore, could not prove that the test was taken within two …
State could not prove that alcohol test was taken within two hours of driving Read More »
Defendant was pulled over for weaving three times outside his lane, exhibited bloodshot eyes, thick, slurred speech, had the odor of alcoholic beverage and had admitted drinking. Defendant did a blood test with a result of .096. The District Attorney agreed to dismiss the case after one year, if the Defendant remained law abiding completed …
Defendant was contacted for weaving across the dotted line, seemed very lethargic, had bloodshot eyes, smelled of alcoholic beverage, admitted to drinking wine and did not provide the officer the properly requested registration information upon contact. Defendant did roadside sobriety maneuvers, which he failed, including a preliminary breath test that gave a result of .109. …
District Attorney agrees to dismiss case after one year if Defendant remains law abiding Read More »
Brad Allin got the action dismissed against his client because the documents were insufficient to show the test was taken within two hours. This dismissal is a good example of how Brad’s strategy to have client’s say “no, I do not want the officer present at the driver’s license hearing” when they request the hearing can …
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