R. Todd Bennett, P.C.
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Man charged with DUI after proving sobriety has case dismissed

On Feb. 26, Texas police who took a man into custody for suspicion of DUI on Jan. 13 after he blew a .00 percent on a breath test defended their actions. According to the report, police officers stopped the man after he failed to stop at a stop sign.

Officers argued that he showed the signs of being intoxicated. However, a Breathalyzer test showed that his blood alcohol content was .00 percent. Additionally, the results of a toxicology report showed that he didn't have any drugs or alcohol in his system. However, the man spent a day in jail after his arrest.

Ultimately, Travis County prosecutors dismissed the man's case as no evidence indicated that he was intoxicated when he was pulled over. However, the officer that made the decision to take the man into custody on suspicion of drunk driving stated that they were putting the public's safety first. While the officers may be on the lookout to keep the public safe, the report did reveal that the county has one of the highest rates of dismissal of DUI cases in the state of Texas.

When police officers conduct a traffic stop, they must have probable cause before they can legally pull a person over. Likewise, if they believe that someone is drunk driving, they also must have evidence before they can take someone into custody and charge them.

Those who are facing drunk driving charges may face a jail sentence, a license suspension and a criminal record. However, attorneys may be able to provide a strong DUI defense for clients, especially if the evidence against them is weak or missing. If they can convince the court that their clients were not driving under the influence, they may be able to have cases dismissed.

Source: The Root, "Texas Police Defend DUI Arrest of Black Man Who Passed Sobriety Test", Breanna Edwards, February 26, 2014

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