How can Mike Sherman Law help you? No two scenarios are alike but here are some past cases where we refused to accept what the police have said and we fought on:
Homicide by Vehicle, While DUI
The prosecution claims our client’s speed at the time the accident happened was 95 mph. We hired an accident reconstruction expert. He reviewed the facts and circumstances and determined our client’s speed was really 60 mph.
The result: The expert for the prosecution agreed.
Commercial Driver’s License (CDL) holder charged with DUI based on a breath test that was over the legal limit. The CDL driver had never been in trouble before but he would lose his CDL for one year if he entered into the first offender program. We hired a breath test expert who showed the many errors that took place during the testing process.
The result: The prosecution dropped the DUI charge and let our client into the first offender program on a non-DUI charge.
Third DUI- BAC .26%
Client was facing his third DUI charge and looking at a one-year state prison sentence because a blood test showed that his BAC was .26%, the highest tier. We filed a pre-trial motion arguing that the police should have obtained a search warrant before taking our client’s blood. The Judge agreed.
The result: With the blood alcohol content charge dismissed, our client’s potential penalty went from one-year in state prison to ten days in the county jail or house arrest.
.220% BAC – Blood
The police forced their way into our client’s home shortly after he was involved in an automobile accident and left the scene. Upon entering the home, the police determined that our client was intoxicated. He was taken for a blood test and the result was a .220%. We filed a pre-trial motion arguing that the police unlawfully entered our client’s home without a search warrant. The trial court denied our motion and sentenced our client to jail and a one-year license suspension. But we kept fighting – we appealed.
The appeals court agreed with our argument and ruled that the police unlawfully entered our client’s home.
The result: The sentence imposed was reversed and all of the charges were dismissed.
.238% BAC – Blood
Client was driving a pickup truck that was pulling another pickup during a heavy snowstorm. The two pickups were connected with a chain. A police officer yelled to the second driver instructing them to pull over. The client continued to travel because he was close to home and thought it would be safer to travel home than to pull over. Nonetheless, the police officer gave chase and stopped the vehicles. When the officer walked up to our client’s pickup, there was a case of beer in the bed of the truck and the officer claims that he showed signs of alcohol impairment.
After doing field sobriety testing in the snow, our client was arrested and taken for a blood test. The blood test result was .238%. We filed a well-researched and extensive pre-trial motion arguing that the vehicle stop was illegal. The trial judge ruled against us. Our client was sentenced to 90 days in jail and given an 18-month license suspension.
We filed an appeal to the Pennsylvania Superior Court where the appeals court agreed with us. The Court reversed and ruled that the traffic stop was illegal.
The result: The Court also reversed the jail sentence and the charges were ultimately dismissed.
Speeding and .115% BAC – Blood
Client was an auto mechanic who was charged with his second DUI after a questionable traffic stop for speeding. A blood test was taken and the crime lab reported that the result was .115%. The client was married with two children. If convicted, the client was facing a 30 day jail sentence and losing his driver’s license for 1 year. Loss of his driver’s license would have resulted in the client losing his job, his ability to provide for his family, and his home. The client swore that because of the way the road was set up, there was no way a police officer could clock him for speeding. He was also adamant that his BAC was not .115%.
Mike Sherman Law took video of the scene to show that it would have been impossible for the police officer to see what he claimed. We also hired an expert in blood alcohol testing. Our expert prepared a detailed report showing that there were many errors in the blood alcohol testing process.
The result: One day before trial, the prosecution dropped the case.
Video – Refusal
Our client was traveling around a bend in the road that went to the right. A police officer was coming toward him in the opposite direction. The officer claims that our client almost ran him off the road and that he had to take evasive action to avoid a collision. Our client swore that never happened and that he had not been drinking. Upset that the police officer claimed he was drunk, our client refused to take a breath test. Our client was facing 90 days in jail and a one-year license suspension.
The prosecution ignored our repeated requests for the police officer’s dash cam video. We filed a Motion to Compel Discovery and force the prosecution to provide the video. After we got the video, it was obvious that the officer made up then critical facts. Our client never crossed the line in the road and never came close to hitting the police officer’s vehicle. The video also showed that the officer’s claims that our client was unsteady on his feet and that he used his vehicle for balance were untrue. It simply didn’t happen.
The result: The prosecution withdrew the charges filed against our client.
Video – Breath Test .15%
Our client was arrested for his third DUI offense after the police officer claimed his vehicle crossed the center line and right berm line several times. A breath test revealed a .15% BAC. Our client was facing a lengthy jail sentence along with the loss of his driver’s license for 18 months. Our client drives for a living, so the loss of his license meant he would have been fired. After we thoroughly reviewed the police officer’s dash cam video, it was clear that the officer lied – our client’s car never crossed any of the traffic lines. We filed pre-trial motions.
The result: All of the DUI charges were dropped.
Sleeping in the car – Refusal
Our client left the bar after having had too much to drink. He recognized that he was in no condition to drive so he decided to “sleep it off” in his car. He turned on the engine to keep him warm and put the seat back. Later, a police officer came up to the car and started banging on the window. He opened the car door, dragged our client out of the car, and arrested him for DUI even though he wasn’t even driving! Our client refused the police officer’s request for a breath test because he was outraged.
We filed a pre-trial motion arguing that, under the circumstances, our client was not actually operating the car. The case never got to court because after reviewing the facts, the prosecutor withdrew the charges. So far, so good, but our client was also facing a one-year license suspension because he refused the breath test. We filed an appeal of the breath test refusal and after a hearing, the Judge sided with us.
The result: The license suspension was reversed.
Blood test trial
Client was arrested by a police officer known for making a lot of DUI arrests. The officer claimed that our client was driving poorly and failed field sobriety testing. A blood test was performed and the result was .125%. Our client was a plant manager for many years. He lived over 20 miles from the plant. If he was convicted of DUI, he would have gone to jail and lost his job and his pension – with a suspended license, he would not be able to get to work so he would have been fired.
At trial, we hired a forensic chemist to prove that the blood test results were unreliable. During trial, the defense showed one analyst signed off on work that was actually performed by a different analyst. That is outright fraud that would never have seen the light of day if we did not hire an expert and review all of the lab records involved in the case.
The result: Not guilty on all charges!
Medical Symptoms Often Mimic Alcohol Intoxication (applies to both alcohol and drug DUI’s)
Our client was involved in an auto accident where his car left the road, went down a hill and hit into a tree. As a result of the accident, our client bit his tongue and had a huge laceration and was bleeding from the mouth. The client was taken to the hospital. While the officer never smelled the odor of alcohol, there were two bottle of vodka in the vehicle. The client was facing jail time and loss of his driver’s license. Without a license, he would lose his job as a salesman. The officer never requested a blood alcohol test. We hired a medical expert who reviewed the medical records and testified that our client’s symptoms were as a result of a concussion, not alcohol use.
The result: Our client was found not guilty after trial.
Breath Test Trial – CDL Driver
Our client held a commercial driver’s license (CDL). He was a first offender with no criminal record. If he entered into the first offender program, he would suffer a disqualification of his CDL – it would be lost for one year. A CDL driver with a DUI will have a very difficult time getting employment in the future. We hired a forensic breath testing expert. The expert reviewed our client’s medical history, the circumstances surrounding the case, and the breath test records. Our expert concluded that the breath test result was unreliable.
The result: After reviewing the report, the prosecution dropped all of the DUI charges.
Breath Test Trial – .156%
Our client was in the real estate business. He needed his driver’s license to travel between different real estate projects. Without a license, he would be out of business. Our client was facing his second DUI charge after a police officer stopped him for various traffic violations. The officer claimed that our client has slurred speech, and bloodshot and glassy eyes. Our client was taken for a breath test and the result was .156%. We hired a forensic breath test expert who testified at trial that the breath test result was unreliable and that our client’s physical condition was a result of health issues he was experiencing.
The verdict: Not guilty on all charges!
Drugs – Prescription Medication
When a police officer finds out that a motorist is taking prescription medicine, they will still try to pursue DUI charges. So, you can get charged with DUI even if you were taking your lawfully prescribed medicine.
Our client was in an accident and had two prescribed medications in his system. The police officer claimed that our client’s speech was slurred and that he had pinpoint pupils. The client was charged with driving under the influence of drugs. Our client was facing 90 days in jail and an 18-month license suspension. We hired a medical expert who rendered the opinion that the prescription medications taken by our client was within the therapeutic limits and was clearly acceptable. The expert explained that our client had been taking these medications for a long time and that the slurred speech and dilated pupils were most likely after effects of a concussion.
The result: All charges were dropped.
Drugs – Prescription Medication
Our client was involved in an accident. A police officer arrived and claimed the client seemed confused and that his speech was “mumbled.” The officer stated that the client had trouble finding his license and was unsteady on his feet. He was taken to the emergency room where he was hospitalized. A blood test revealed the presence of two prescription medications: oxycodone and lorazepam. The officer charged our client with driving under the influence of drugs.
Our client was looking at jail time and loss of his license. Without a license, our client would lose his job because he drives for a living. We hired a medical expert who reviewed the emergency room medical records and the circumstances surrounding the case. Our expert rendered an opinion that showed our client’s actions were the result of a brain hemorrhage and that the medications, even when taken together, would not have caused the client to act in the manner the officer described.
The result: All charges were dropped.
Drugs – Marijuana
Our client was pulled over after midnight because he was driving without his headlights on. The officer claimed based on his extensive experience that our client was driving under the influence of marijuana. The client was facing jail time and a loss of his driver’s license. Loss of his license would have cost him his job. We hired a medical expert who showed that due to low levels of inactive marijuana metabolites, the client was not impaired and could not have been acting as the officer claimed.
The result: Not guilty after trial.
What is the Mike Sherman Difference?
Mike Sherman has unique experience and knowledge which he uses to protect his clients.
- Mike Sherman is a former attorney for the Pennsylvania State Police. He knows both sides of the law and uses that knowledge to benefit his clients.
- Mike Sherman wrote “the” Pennsylvania textbook on Pennsylvania DUI law, Driving Under the Influence Law and Practice.
- He uses a scientific method to investigate your case. Relying on his deep understanding of forensic science, he picks apart the evidence against you and looks for errors that he can challenge. He then carefully prepares your case with the goal of highlighting these issues and putting you in the best possible position.
If you are facing a serious charge, don’t delay. Call now to set up your free consultation at(412) 471-5000