He was involved in a really serious accident and was outside his car, very disoriented, when the police arrived. Long story short, he got involved with the police, physically that is, and was placed under arrest immediately for DWI, among other things. The police report made NO mention of the smell of alcohol, which they ALWAYS do. Nofield sobriety tests were performed! Where is the probable cause!?
This is another of those cases where the dismissal just wouldn't have happened if a lawyer had not been retained. Because my client had been in an accident, blood was taken at the hospital for the purposes of determining his blood alcohol. After I received the initial discovery packet, I realized that there was no blood evidence provided.
After several court appearances, I finally just made a Motion to Dismiss which was granted by the court. I can't say I can take all the credit. As it turns out, the police took the blood from the hospital, but never sent it to State Police Forensic Lab to be analyzed!!
Without a skilled criminal defense attorney to file the appropriate motions and stay on top of the state, this dimissal might not have happened.