This Blog will be vague although the client is writing am ecstatic review. I occasionally pound away on the fact that you have to check for new cases EVERYDAY. Too many lawyers are just plain lazy. There was a recent case that impairs one of the defenses I employ. It does not eliminate it but it makes it harder to use.
HOWVER, it opened the door to a new defense. I lost a Suppression Motion in the District Court so we appealed the DUI to re-litigate the suppression issue. In the interim this new case came down that supported my argument and eviscerated the State’s argument. The State’s argument was reasonable but like My Cousin Vinnie’s original theory as to his nephews innocence, an examination of the new case, like Ms. Vito’s examination of the tire marks left by the car at the Sack of Suds, showed it was wrong. She found positraction and I found statutory construction. The result was the same-case dismissed.