Shipp Law

Buckle up, folks! This story's got all the elements of a wild ride! 🎢🌟

So, the Defendant gets a "special" invitation for the REDDI report (yeah, that's "Report Every Drunk Driver Immediately"). The officer arrives, and oh boy, it's clear - the Defendant's having a stumbling, slurring, and falling kind of day! 😵🍻

Roadsides? Nah, not interested! The officer takes charge and invokes the Express Consent for a breath test. The station becomes a scene from a snooze fest as Defendant dozes off during the deprivation period. 😴💨

And wait for it, the grand finale - the Defendant hurls INTO the I-9000 machine while blowing! 😂🤢

The officer's face turns red as a beet, and he decides this is his lucky day to let the Defendant off the hook - not a DUI per se, no license trouble, no jail time. Wow, talk about a sweet deal! 🍀🤩

But, hold up, the show's still ongoing! Cue the legal genius, citing People v. Gillett, to explain why this fiasco doesn't hold up! 📚💡

Defendant has a right to the breath test results, but the officer got a bit mixed up and messed it all up. So, with a "bye-bye" to the DUI charges, the case gets dismissed before even stepping into the courtroom! 🏛️🚫
🚔 When an arresting officer invokes the implied (express) consent law, the driver has the option to take a chemical test or face license consequences. But, here's the catch - if the officer denies the driver's request for a blood or breath test after invoking the law, it denies the driver's right to prove innocence with reliable chemical testing! 🚫🧪
🔍 The court considers this denial equivalent to suppressing evidence, limiting the chance to present crucial exculpatory evidence. It's like a puzzle piece missing from the case! 🧩🕵️‍♂️
🚓💨 Moreover, when the police department fails to follow routine steps in allowing the driver's chemical test rights, it's seen as an unfair governmental procedure. Justice must be fair and square! ⚖️🏛️
💡 As a remedy, the court dismisses DUI charges in such cases! That's right - if the officer takes away the chance for a test and still charges the driver with DUI, it's a no-go! The driver has the right to those test results, and it's a constitutional right, folks! 🎉🏅
💪 This landmark precedent ensures drivers get their fair shot at justice! No more missing puzzle pieces or unfair tactics! It's a win for drivers' rights and access to potentially crucial evidence! 🙌🔍
Talk about a laugh riot of a DUI case! 😂🚀

🤣🌟

—Clay Shipp, Esq.

👨‍⚖️🎉 Celebrating Another Legal Win! 🎉👩‍⚖️

It's been a busy month, and I'm thrilled to share another success story! 🏆💼

My recent case involved a client who left work as a bartender around midnight, eating dinner as she drove. Unfortunately, she weaved and was speeding, catching the attention of a cop. She admitted to having a glass of wine during closing time. Allegedly, she failed roadsides and blew .148 at the station. 💨🍷

During the DMV hearing, things took an interesting turn. I got the officer to admit that foreign materials like fingers, mouth piercings, and hair bands were present during the test. Playing the body-worn camera (BWC) footage, we caught the officer not properly instructing the client to avoid introducing foreign materials into her mouth during the deprivation period. 😮🎥

On camera, my client displayed a tongue ring, put her fingers in her mouth 14 times (biting her nails), and even licked her palm, possibly contaminating the sample with alcohol residue from bartending. 💡💻

With this evidence in hand, I confronted the officer about discrepancies. He became silent when I pointed out the potential falsification of official documents. The hearing officer dismissed the revocation, the District Attorney (DA) dropped the alcohol charges, and the client pleaded to speeding, resulting in a $70 fine and a point on the license. 🚓💸

Officer **** *******'s first DUI arrest ended with a bang! 🎉

🙌🌟

—Clay Shipp, Esq.

🚨🌟 DUI DRAMA UNRAVELED! THE WHOLE STORY 🌟🚨

Here's the jaw-dropping, full account of how my client beat the odds and walked away with a squeaky-clean driving record! 🏆👨‍⚖️

🦌 It all began when my client had a heart-pounding encounter with an elk on the road. Swerving to avoid disaster, they ended up stuck in a ditch. The Sheriff arrived in a flash and, sensing the urgency, immediately called in a Trooper to investigate the accident. 😱💨

🚀 Just 20 minutes later, the Trooper showed up and began a DUI investigation. My client was arrested after blowing .135 at the station, almost 2 hours after the Sheriff's contact. But hold up, the Trooper misstated the law on his body-worn camera (BWC), asserting the 2-hour clock starts at "actual physical contact." 🎙️💡

💥 Things got spicy during the DMV hearing as I cross-examined the Trooper, challenging his timeline. My client bravely took the stand and testified that they were OUTSIDE the vehicle for over 10 minutes, trying to get unstuck and making a phone call for a ride, putting physical control OUTSIDE the 2-hour window. The Trooper's confidence wavered like a crumbling facade! 🃏🏚️

🔍 But wait, there's more! The turning point came when we got our hands on the Sheriff's BWC footage, revealing my client standing OUTSIDE the vehicle as the Sheriff pulled up. The truth unfolded before our eyes like a blockbuster movie scene! 🎬👀

💼 Armed with compelling evidence, I sent the DMV transcript and the Sheriff's BWC to the District Attorney (DA). The DA couldn't ignore the writing on the wall and swiftly dismissed the case, hinting at possible misconduct by the officers that could lead to a Brady entry! 🕵️‍♂️📜

Ultimately, my client emerged victorious, thanks to a masterful defense, a sprinkle of luck, and the truth exposed through the relentless pursuit of justice! 🌟💪

🤩🚀

—Clay Shipp, Esq.