Our client was charged with a DUI after striking another vehicle on the I-94 and was found by State Troopers on the shoulder of the expressway with an unsteady walk, slurred speech, and a strong odor of alcohol on her breath. She admitted to driving and causing the accident. The Trooper had video equipment that had malfunctioned and in addition to that problem, the Trooper made a scrivener’s error on official documentation relating to the Summary Suspension of her driving privileges. At the hearing on the Suspension, Mr. LaScola capitalized on this error achieving a RESCISSION of the Suspension. At trial, Mr. LaScola capitalized on the recording error and supressed its usage by the State at trial. This compromised the State’s ability to use this evidence at trial and ultimately their case as well. After a bench trial, the Court made a finding of NOT GUILTY on the DUI and the remaining traffic charges as well.
