Child Abuse case dismissed

Wed, Aug 16, 2017 at 10:27AM

The client was in her car with her two minor children when stopped by the police.  she was arrested for child abuse and DUI.  The child abuse was dismissed based on the theory that prosecutions must proceed on the more specific charge rather than a general criminal charge that may apply.  The State then proceeded on the DUI charge with enhancement for having minors in the vehicle.  A motion to suppress was filed alleging the police did not have sufficient cause to proceed to a DUI investigation and did not have Probable Cause to arrest her on the DUI charge.  After a hearing where the officers testified the Trial Court agreed with me and suppressed all evidence in the case.  The State chose not to appeal and dismissed the case.

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