posted 2016 | State v. J.R.

Client was charged with 3 counts of DUI with property damage, one count of DUI and three charges of leaving the scene of an accident. Client failed the roadside sobriety exercises and blew a .107 on the breath test.  Client hired Mr. Forman to represent him at trial.   The client simply wanted to resolve his case by entering a no contest plea.

However, Mr. Forman had an idea to try to throw out some of the evidence.  Mr. Forman filed a motion to suppress arguing that there was no probable cause to believe that the client was the driver of the vehicle.  The trial court heard the motion and the judge agreed and granted the motion! The trial court excluded the breath test results, as well as the field sobriety exercises!  The state is considering whether to appeal.