Super Drunk OWI Dismissed

Super Drunk OWI Dismissed

Following a single vehicle roll-over accident client was arrested for operating while intoxicated under the “Super Drunk” statute.  The client’s BAC was more than twice the legal limit at .19.

After being retained by the client, OWI Laywer Edward Duke mailed his standard Freedom of Information Act requests to the appropriate law enforcement agencies.  He also mailed preservation letters to the county sheriff and arresting officer regarding any video from the deputy’s patrol vehicle.

Shortly before trial, the prosecution claimed that there was no video of either the initial on-scene investigation or arrest.

Mr. Duke obtained a copy of the Sheriff’s Department Official Video Preservation Policy and filed a pre-trial motion to dismiss based on the failure of the sheriff’s department to preserve the video.

The district court judge agreed with Attorney Edward Duke and dismissed the charge.

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Summary
Super Drunk OWI Dismissed
Article Name
Super Drunk OWI Dismissed
Author
Duke Law Group