How I Got Charges of Drunk Driving and Negligent Operation Dismissed

First, you must understand that my client set the stage. The prosecutor spoke with the arresting officer, who commented on the level of respect and politeness my client showed during the entire process. He didn’t cry, whine, or beg to be let off.  He simply answered—or rather declined to answer—the officer’s questions in a polite manner, by saying: “Officer, I respectfully decline to answer that question or Officer, I respectfully decline to take the Field Sobriety Tests.”  Remember: you are under no obligation to talk to the police, and you are under no obligation to take the field sobriety tests.  You, like my client, can decline to do both.

Because he declined to take both the field sobriety tests and the breathalyzer, the Commonwealth had very little evidence to support a conviction. What’s more, his interactions with the police were not consistent with somebody who is impaired—he was polite and respectful. These two facts helped me persuade the prosecutor that this would not be a successful case for them at trial. I can assure you that had my client acted differently during this interaction, the result would be different.