Attorney Jenna Fliszar Wins Suppression in DUI Case

A few months ago, a client retained me to represent him on a first offense DUI charge. His situation prevented him from entering into any ARD program or pleading guilty, so he wanted an attorney who was willing to fight the case. At his Preliminary Hearing, he was offered a plea deal. I quickly rejected it and held a hearing.

Something seemed off during the hearing. The officer said that he stopped my client because he drove across the center line in a dangerous manner on several occasions. When I asked the officer basic questions that he should have known, he couldn't answer the question.

How far over the line did he cross? I don't remember.

How long did he stay over the line? I can't say.

I quickly realized that the officer could recall only very minimal details, so I made sure to get it on the record that he couldn't answer the questions, and then moved on. After the hearing, I requested discovery. Luckily, the officer's car had a dash cam, and I was able to view the video and fill in the blanks from the hearing. I was shocked by what I saw.

It was clear on the video that my client drove nearly perfectly. He maintained his lane position on a dark, windy, and hilly road. He never crossed over the center line. At one point, it was possible that he barely touched the center line with his driver's side tire, but it was so fast and minimal that it was hard to tell. He came to a complete stop at a stop sign, used a turn signal when required, and otherwise drove as one would expect. It appeared from the video that the officer had trouble remembering details of my client's "dangerous" driving because he never drove dangerously.

I immediately filed a suppression motion, arguing that the officer didn't have probable cause or even the lower standard of reasonable suspicion necessary to stop the car. A hearing was scheduled where the officer testified and the dash cam video was shown.

Last week, the judge issued an order granting my suppression motion. This means that the case will now be dismissed.There are plenty of attorneys out there who would have taken the officer's word for it and maybe even accepted a plea deal. But this case is a good lesson on why you ALWAYS look at your evidence, especially your objective evidence, before doing anything else with a case. It's a perfect example of why DUIs aren't open and shut cases, and the right lawyer can make all the difference.

Book an Appointment
Powered by