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Woman wins DWI case based on unconstitutional police search

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The criminal justice system can be daunting, but you don’t need to go through it alone. Our Criminal lawyers are here to guide you every step of the way.

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When it comes to drunken driving charges, an experienced criminal defense attorney is invaluable. Whatever the facts and circumstances of the case may be, having a zealous advocate at one’s side can help ensure one receives the best possible defense. In some cases, there may be issues with the adequacy of evidence prosecutors are presenting. In other cases, there may be legal technicalities that need to be addressed. In some cases, there may be issues with the way law enforcement gathered evidence which can impact the case.

An example of the latter can be seen in the case of a woman who was cleared earlier this month of drunken driving charges due to a constitutional violation. The woman had been arrested in Toronto after her vehicle was seen violating traffic regulations. Officers reported she smelled of alcohol and she admitted to having a drink. The woman reportedly failed a roadside breathalyzer and was later measured to have a blood alcohol concentration around twice the legal limit.

At issue in the case was a humiliating strip search conducted by a female officer on the side of the road in front of two male officers. When the search was challenged in court, the judge handling the case ruled that it constituted an unreasonable search and that prosecutors could not, therefore, use the results of the woman’s breathalyzer tests. Without that evidence, the case was too weak to go forward.

The case is a reminder that the state will be held accountable when the rights of criminal suspects are violated. Working with an experienced criminal defense attorney helps ensure one has an advocate who will help see to it that one’s rights are protected.

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