This past summer our client was involved in an accident with a parked car. When the police arrived, he was outside of the vehicle, but ultimately charged with DUI despite not being seen driving.
To protect the man’s license and record, Philadelphia DUI attorney Fienman appeared in court multiple times to secure the best possible result. Eventually, we subpoenaed the arresting officer, and discovered that he was on the district attorney’s do not call list. This means the officer was not cleared to testify in court because of past conduct that would call his credibility into question.
After an investigation, we further revealed that the arresting officer should not have been making DUI arrests at all. This was based on allegations that he had received kickbacks from a tow truck company for vehicles removed from DUI scenes.
We reviewed the body cam footage and confirmed the officer called for a tow truck before our client even submitted to a field sobriety test. When presented with this obvious malfeasance, and since they could not prove our client operated the vehicle , the prosecutor declined to call their witnesses for trial and the Court dismissed the DUI. Our client was excused from the allegations with no consequences.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.
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