Pulled Off Another One

posted by Matthew Lindholm on Tuesday, April 04, 2017

Burlington-Des Moines County.  Officers were dispatched to a local bar in reference to an assault and small car accident.  The officer's located the Client inside his home who had been assaulted and also located a whiskey bottle with blood on it.  The Client admitted to having consumed alcohol after driving his vehicle and was arrested for OWI and a blood sample taken. However, no attempt was made to determine how much alcohol was consumed prior to him driving his vehicle.  A motion to suppress was filed challenging the admissibility of the blood test result obtained from the Defendant on the basis that the officer did not have "reasonable grounds" to believe the Client operated a motor vehicle while intoxicated at the time the blood test was obtained.  The State conceeded the motion and the test result were suppressed.  As a result, the Client's charge was amended to reckless driving and his driver's license including his CDL was saved.
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About The Author

Mr. Lindholm has been named to the Top 40 Under 40 and selected to the Super Lawyers list for the third straight year in 2015.  He has also repeatedly been named Avvo's Client Choice and Top Attorney for DUI defense with a Superb rating of 10.0 out of a pos ... read more