Phoenix, AZ. April 27, 2010 – DWI Lawyers from the DM Cantor were able to get a blood test suppressed in a case involving a DUI with a prior due to the coercive tactics of the arresting officer.
In the case of State v. Creek (City of Phoenix Court Case No. 3884018) a City of Phoenix judge suppressed the readings of a .136 blood test in a DUI case due to the coercive nature of obtaining the blood. The case was ultimately Dismissed at Jury Trial.
In the Creek case the defendant was from Texas and was told that he would be booked into jail overnight unless he completely complied with the blood draw, all questions and field sobriety tests. While in the DUI van with two police officers, the defendant stated “I don’t’ want to be any trouble, but I should speak with a lawyer.” The officers gave Creek the “evil eye” and looked at each other. Creek then stated “Never mind, I’ll do what you want.” After the blood was drawn and he answered questions Creed was allowed to take a taxi back to his hotel.
The judge found that the officers clearly infringed on Creek’s 5th Amendment Constitutional right to speak to counsel before answering questions or agreeing to provide a blood sample. Due to the fact that this was a DUI with a prior conviction, Creek was facing a minimum of 120 days in jail, but because of the officers’ improper actions he received zero days in jail and no second conviction.
“The police cannot threaten you with incarceration in order to get you to answer questions and provide blood samples” said Phoenix DWI Lawyer David Michael Cantor. “ Creek’s Constitutional rights were not awarded to him and as a result his case was dismissed.”
DM Cantor enjoys an excellent reputation as DWI lawyers in Phoenix, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about the attorneys at DM Cantor, click on the About Us menu tab.
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