GF was arrested for BUI out at Crab Island in Destin. He was worried about how this arrest would impact his military career. He knew that if he was convicted, he was facing loss of rank and possibly even separation from the military.
I understand that my military clients have high expectations because even the best soldier is at risk of losing everything they’ve worked so hard for if they end up with a criminal conviction on their record.
When I take on a DUI or BUI case, I know to look at ALL the evidence. Every case will have its strong points and its weak points. The trick is to be able to spot the issue that can turn the case in my client’s favor.
In GF’s case, he had demanded an independent blood test after he cooperated with the police and gave them a breath sample. The result of the breath sample was 0.18, more than twice the legal limit.
I found case law that made it clear that the police must provide assistance to a suspect if they request an independent blood test. That was not done in GF’s case so I filed a Motion To Suppress Evidence. The Judge granted the motion and the results of the breath test were suppressed, or thrown out.
That wasn’t the end of it, however. The State still had a strong impairment case against GF. He had performed very poorly on field sobriety tests, and they had captured his performance on video.
In our office strategy meetings, there is a concept I talk about a lot, which is knowing the moment of greatest leverage. I used that concept to our client’s benefit. The moment of greatest leverage was right after the court threw out the breath test, so I acted quickly. I proposed a plea to a reduced charge of Reckless Operation (I had discussed this in advance with GF).
GF entered a plea to the reduced charge with no probation. He was very happy with the result, and so was his military command.
Being able to recognize and exploit the moment of greatest leverage is something that only comes with years of experience. In GF’s case, it made ALL the difference in securing a successful outcome.
If you were arrested for BUI in Destin or at Crab Island, call Flaherty Defense Firm today at (850) 243-6097. I would be glad to help you.