A DUI charge against a Mobile, AL DUI lawyer has been dropped due to lack of evidence.
The prosecution was stymied by the defendant’s refusal to take a Breathalyzer test
when he was pulled over Dec. 6. He spent a night in the Mobile County
Metro Jail and, because he would not take the Breathalyzer, had his
driving license suspended for 90 days, in accordance with Alabama law.
His attorney, Richard Alexander, said, “A seasoned prosecutor looked
at this thing and made a decision that he was not going to be able to
prove the case.”The Mobile DUI Lawyer himself has been quoted in the
Press-Register as saying he advises his clients in Alabama DUI cases
not to take Breathalyzers.
The prosecution said the threat of not being able to drive in
response to refusing a Breathlayzer might carry more weight if state
law required a suspension for six months or longer.
“If they refuse to take the test — and DUI lawyers know it best — it
makes it difficult to win the case,” Mobile County Sheriff Sam Cochran
said Thursday.
This was the second DUI charge dropped against the lawyer who
specializes in DUI law. His initial Alabama DUI charge came in 2001.
The case was dropped provided he didn’t get another DUI within six
months.
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