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DWI BREATH RESULTS THROWN OUT


Carter Law Offices and its subsidiaries (DWI Lawyer Center, Criminal Defense Lawyer Center, iWantMyPhoneCall.com, DidYouBlow.com, 45BUCKS.com) have handled a high number of extremely complicated DWI cases. In handling these cases, one particular issue continued to stand out to our attorneys--the warning officers in Missouri read to arrestees before asking them to take a breath test. This warning tells arrestees that refusing to blow will result in an immediate revocation of their license, but our attorneys know that, by law, this is untrue. In fact, if you refuse to blow, officers MUST give you a fifteen day driving permit before any revocation period could begin. During that time, you would be able to contact an attorney and see if there was any way to fight, delay, or otherwise avoid the revocation. It was clear to us that this was a lie meant to confuse people into taking a breath test that could severely incriminate them and may not be in their best interest. Our attorneys have been fighting the issue across the state for over a year. Many judges are hesitant to enter a judgment holding that every officer in every DWI case is violating the due process rights of the citizens of Missouri. Despite it being an uphill battle, we have begun winning the argument. This type of cutting-edge lawyering is what we always strive for at Carter Law Offices.


Domestic Disturbance DWI Case


When a man called to report a domestic disturbance, the police arrived and accused him of being the aggressor. They threatened to arrest him if he did not sign a waiver of prosecution against the other party. When he refused to do so, the arresting officer accused him of DWI, even though the man was never even driving . The officer failed to read the man the implied consent warning and didn't even offer him a chance to take a breath test, but still charged him with a DWI and gave him notice of a one year revocation of his driving privileges for refusing to blow. Our office quickly stepped in and filed a petition to review the refusal revocation and entered on his criminal case. After thoroughly reviewing the police report and videos of the arrest, we were able to win his license case straight out and argue with opposing counsel to get his DWI charge fully dismissed.


Dismiss the DWI charge after finding that the breath test machine was improperly maintained.

When our client was arrested in a southwest Missouri municipality for DWI and possession of paraphernalia with a BAC over the legal limit, our attorneys investigated the case and convinced the Prosecuting Attorney to completely dismiss the DWI charge after finding that the breath test machine was improperly maintained.



His DWI charges in the state court were dismissed

A man with a mild form of a common neurological condition was pulled over late one night and admitted to the officer he had consumed some beer much earlier in the evening. We successfully argued that his condition affected his performance on the Standard Field Sobriety Tests. His DWI charges in the state court were dismissed. We also saved him from a 90 day suspension and his record is spotless.


Negotiated an unsupervised probation for the officer.

When a Police Officer from a St. Louis County Municipality was arrested on DWI after driving on the wrong side of a busy highway, the arresting officers and Prosecutor were ready to make an example of him. We were able to successfully negotiate an unsupervised probation for the officer.


Two prior DWIs was able to keep his full driver's license

A man facing a one-year revocation of his driving privileges for refusing to submit to a breathalyzer test and accused of having two prior DWIs was able to keep his full driver's license after we successfully proved that the man was denied his rights to speak with an attorney before making a decision about whether or not to blow.



Refusal revocation thrown out


A nurse with asthma was facing a one-year revocation of her license for refusing to submit to a breath test after failing to successfully give a breath sample. After attacking the validity of the refusal, we were able to secure an offer to have the refusal revocation thrown out.


DWI Case dismissed In South County and keeps license

A Local Laborer Has Entire DWI Case Dismissed In South County and Keeps License.


The officer had no probable cause


Gentleman with a second DWI in a North County Municipality -- DISMISSED. The officer had no probable cause and conducted all aspects of the field sobriety tests and the breathalizer test erroneously. Only attorneys that know how to properly review police reports and your recollection of events can reveal every possible argument for the BEST outcome. Many attorneys may have put this guy on a two-year probation because they didn't understand the law, facts, and circumstances. The original traffic stop must be for a legal reason and the officer must be properly trained. This means your lawyers MUST KNOW what police officers are SUPPOSED to know.



Misdemeanor charge dismissed


A local restaurant employee was facing felony DWI charges as a prior and persistent offender in a Circuit Court in Missouri. However, we (DidYouBlow.com®/DWI Center®) had one of his priors thrown out, resulting in his charges being dropped to a B misdemeanor. Later and Finally, we succeeded in having even his misdemeanor charge dismissed. The prosecution must abide by rules and laws just like defendants and we make sure that they do. The judge sided with us and the defendant at every turn -- this doesn't always happen, but that is why we have it here on this website; it was very impressive.


The officer did not have probable cause for the arrest

A North Municipality DWI case was pled down to a traffic violation when we were able to successfully argue that the officer did not have probable cause for the arrest


Avoided a DWI conviction


A client arrested on the I-70 corridor was able to keep his license and avoid a DWI conviction after we proved that the breath test was improperly administered.



A metro west 2nd DWI was pled down to a traffic violation

A metro west 2nd DWI was pled down to a traffic violation and the defendant was able to keep his license when we showed that the breath test was conducted improperly and showed that the field sobriety results were inaccurate.


The prosecution dismissed the DWI charge


A man was approached by the police after a single-car accident on I-70. The man submitted to the eye test but then refused all others. In a deposition of the officer, we were able to determine that he had not administered the eye test properly. As a result of our findings and negotiations, the prosecution dismissed the DWI charge. We were also able to win his license hearing.


The man refused and the officer arrested him for DWI

When an officer encountered a man changing his tire on the side of the road and requested that he submit to field sobriety testing. The man refused and the officer arrested him for DWI. At trial, we were able to successfully prove to the court that there was no evidence that the man had ever been driving. Because of this, the man was able to keep his license.



A CDL driver kept his license and we had his DWI dismissed

A CDL driver kept his license and we had his DWI dismissed when our paralegals and attorneys reviewed the police report & video revealing that the officer did not administer the breath test properly. On the stand under our attorney's questioning, the officer admitted to his mistakes in open court, and the ruling was made quickly in our favor. This professional truck driver not only kept his job, but also his perfect driving record.


College Student Keeps License


A college student down on her luck got two DWIs nearly back to back. Because the officer who administered her breath test in one case didn't have the proper permit, and the officer who maintained the breath test machine in her other case did so improperly, we were able to win both of her license suspension hearings. In addition to this, we were able to keep both of the criminal charges off of her record.


Man Falls Asleep Behind the Wheel, No DWI on His Record

When a man fell asleep on I-70 in the early morning hours, a State Trooper performed a "modified version" of one field sobriety test and then immediately arrested him for suspension of drunk driving. We were able to successfully prove that the test is only reliable if performed according to National Highway Traffic Safety Administration guidelines. Because of this, we won his license hearing and his criminal case was dismissed.



Reduced a BWI to a Lesser Charge

A boater on the Missouri River was stopped by police for boating with his docking lights on. The officer felt the boater was acting funny, so he made the boater submit to a series of field sobriety tests while on the deck of the boat even though the boater had only had two beers much earlier in the evening. After reviewing the report, our office realized the evidence didn't support the charge, so we outlined our arguments to the prosecuting attorney and argued tirelessly for the right outcome for our client. In the end, the BWI charge was dismissed.


The prosecutor's office contacted us offering to dismiss the DWI charge.


Our client was facing state charges for DWI and child endangerment after being pulled over for a domestic dispute with her sister in a county outside of the St. Louis metro area. After investigating the case, we filed a motion to exclude the breath test results. Before the motion hearing could be held, the prosecutor's office contacted us offering to dismiss the DWI charge.


All of the evidence from the entire stop was thrown out


When a woman was stopped for failing to use her blinker on a turn, she was given field sobriety tests and was arrested. After reviewing video of her stop, we determined that she had, in fact, used her blinker on the turn and filed a motion to suppress on her behalf. The judge ruled in our favor and all of the evidence from the entire stop was thrown out.





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