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Criminal Defense DUI Lawyer at Padula and Associates get DUI Case Dismissed!

Posted Thursday, August 9, 2012 by Blog Admin.

Our Client L.W.C. receives a call from a friend who is stranded and needs a ride from Kirkland. L.W.C. should have stayed home because he had been drinking; however, they could not resist a friend in need. L.W.C. picked up the friend but then got stopped by Kirkland Police when they failed to stop at a stop sign. After sobriety testing, our client was arrested for DUI. Back at the station, L.W.C. asked to use the bathroom. The Police ignored him. Over the next 20 minutes L.W.C. repeated thier request to use the bathroom to urinate numerous times. Each time, his request was ignored or declined. Finally, the police officer asked L.W.C. if he would submit to a breath test. L.W.C. said, “yes, right after I use the bathroom”. The Officer decided this was a refusal to submit to a breath test. Lizanne Padula saw this for what it was: a request to go to the bathroom and not a refusal! Lizanne set the matter for a hearing to argue whether or not this was a refusal. Additionally, in order to be thorough, Lizanne also filed a motion asking the Court to find that the police lacked probable cause to arrest L.W.C. During the hearing, the Prosecutor became so focused on the refusal issue that she forgot to make a case that L.W.C. was lawfully arrested. Lizanne noted the absence of evidence on this issue and quietly waited for her opportunity to pounce. The strategy worked! Case dismissed!