DUI Dismissed

Client was arrested for driving under the influence (DUI). Client tested positive for Ambien but was only slightly above therapeutic levels. Client waited months for his drug test results to be sent back from FBI lab. Once the results were back, the State could not produce their officer. I moved to dismiss. The court denied my motion and reset the court date but ordered that the case would not be continued again. When we appeared at the next court date, the State still could not produce their officer. I moved to dismiss based on the court’s previous order and on the basis that my client had a 6th Amendment right to confront his accuser (the officer). The court dismissed the case. The case was over one year old when it was dismissed. I had set the date 2 days after the one year statute of limitations expired, which means the State cannot take the case to the grand jury and charge my client a 2nd time. Client’s record was expunged.