Jurisdiction and names omitted to protect the privacy of our clients.
On April 6, 2012, an attorney with Weiland Upton persuaded a judge to dismiss a DUI charge. In that case the client was stopped for weaving in the road. Once stopped by the police officer, the officer testified that there was a strong Odor of alcohol. There was also testimony that the client “stumbled” when exiting his car. The officer conducted various field sobriety tests and testified to the result of these tests at trial. When the Commonwealth’s Attorney moved to enter the certificate of breath analysis showing a BAC level of .13, our attorney objected based upon a lack of probable cause for the arrest. The judge agreed with our attorney and denied admission of the breath certificate and dismissed the case.