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.