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Criminal Defense

DUI charge dismissed after officer reads wrong implied consent card

A young woman was indicted for serious injury by motor vehicle after a car accident, and marijuana was found in her vehicle. Mr. Cabe was hired and went to work.

Video footage revealed that the woman was cooperative, steady on her feet, comprehended all instructions, and was otherwise fully compliant. The only evidence of impairment was the blood test results. However, upon further review, Mr. Cabe learned that the arresting officer read the wrong version of “implied consent.” Implied consent is the state law the explained how officers must proceed in order to obtain DUI blood evidence without a search warrant.

The implied consent card that the officer read was no longer valid law at the time of the crash. In fact, the card had been expired for nearly a year.

This resulted in the only “state friendly” evidence in the case facing exclusion. As a result, all felony charges were dismissed, and the woman pleaded guilty to reckless driving.