Confession leads to dismissal
Earlier this year deputies in Santa Fe County California stopped driver Xavier Aguilar after they observed him driving erratically. He smelled strongly of alcohol and officers prepared to give him a breathalyzer.
However, before they could put the machine to his lips, Aguilar himself admitted to police that he had drunk several pints of vodka before hitting the road. Officers were not surprised and proceeded to administer the breathalyzer. His measurement came back at .31, which if you’re keeping track at home, is over 4 times the legal limit. Slam dunk case for the prosecution. One would think anyway.
As it happens, the defense noted that the prosecution had failed to hand over the 911 calls in his case. Because of this technicality, all DWI charges were dismissed. That’s right, despite Aguilar being 4 times the legal limit, and admitting to officers on tape that he was heavily intoxicated, and being observed driving erratically, his case was completely thrown out.
Mr. Aguilar did not get away scott free however, as it turns out the car he was driving at the time was in fact stolen.
Perhaps more than any other case we have featured, this case truly demonstrates the power of having an attorney familiar with both sides of the law defending your rights. Make sure you get yourself the most complete defense available, find a Former Prosecutor now!
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