Chemical Test Refusal Charges Dismissed and DUI Amended to Non-Driving Offense in the Kent County Distrct Court
(1) DUI (BAC Unknown)
(2) Refusal to Submit to a Chemical Test
Attorney Jason Ollman of Marin, Barrett, and Murphy Law Firm secured a significant legal victory for a client initially charged with DUI and Refusal to Submit to a Chemical Test. The case began when the Police were dispatched to a closed local business overnight for a well-check of a vehicle in the parking lot. When the Officer arrived, he spoke to an individual, our Client, who was laying in the parking lot with his car idling nearby. While the Officer spoke to our Client, he allegedly observed a strong odor of alcohol emanating from his person. The Officer asked our Client to submit to Field Sobriety Tests which, in the Officer's opinion, he failed. Our Client was then arrested for suspicion of driving under the influence (DUI). Later, at the Police Station the Client was asked if he would consent to a chemical breath test which he refused. He was formally charged with DUI and Refusal to Submit to a Chemical Test.
Attorney Ollman met with the Client and evaluated the State's case against him on the charges of both DUI and Refusal to Submit to a Chemical Test. After identifying major holes in the State's case, Attorney Ollman was able to negotiate a resolution of the case that resulted in the Chemical Test Refusal Charge being dismissed and the DUI being amended (changed) to a non-driving offense; obstruction of a police officer. Upon the Client's plea of no contest to the Obstruction charge, the Court Filed the matter for one year (no further trouble) and ordered the Client to complete a substance abuse counseling program.
CASE RESULTS: CHEMICAL TEST REFUSAL CHARGE DISMISSED AND DUI AMENDED TO OBSTRUCTION OF A POLICE OFFICE and ordered to complete a substance abuse counseling program on November 6th, 2023
Practice area(s): Criminal Defense, DUI / DWI
Court: Kent County District Court