DUI dismissed for lack of evidence of driving
Today my client's case was dismissed because the judge held, after I convincingly argued, there were insufficient facts to support a Driving Under the Influence charge. The State filed the case as a DUI, when in fact, there was no evidence of "driving." The Court gave the State an opportunity to amend the charge before she ruled on my motion to dismiss, but the State declined. The defendant in this case was alleged to have blown 16. and .17 and failed all field sobriety tests.