Archives: Cases

Case: Breath Test Over Twice Legal Limit, Crash, Dismissed

Case Synopsis: Client was found in her crashed vehicle at 10:25 P.M. by a city police officer. Client had crashed in to the guardrail on the highway. Client was found to be disoriented and could not say how the accident occurred. Client admitted to having drank alcohol and having just left a friend’s home. Client vomited while still in her vehicle. The officer ordered client from the vehicle and she was unable to perform field sobriety testing due to her intoxication. Client was arrested for DUI and transported to the city jail. Client registered more than twice the legal limit at .22g/210L.

Outcome: At the trial date, Birmingham DUI Defense Attorney Whitney Polson had the charge dismissed.

Case: .20 Breath Test, Second Offense, Dismissal

Case Synopsis: Client was found unresponsive in his truck while parked in the middle of a service road. Upon speaking to client, the officer noted confusion and an heavy odor of alcohol. Client admitted to having been consuming alcohol prior to driving. Client performed poorly on field sobriety testing and was arrested for DUI. At the jail, client registered more than twice the legal limit at a .20g/210L. Client had been previously charged with DUI. Client faced severe employment consequences as well as from the court, if convicted.

Outcome: Alabama DUI Defense attorney Mark Polson successfully negotiated with the prosecution for the charge to be dismissed.

Case: Illegal Possession and DUI Charge Dismissed

Case Synopsis: Client was found by local police in his vehicle at a traffic light. The traffic light was green, yet client was not moving his vehicle. Traffic was backing up behind client’s vehicle. Upon speaking to client, the officer noted client was sweating profusely and very agitated and disoriented. Client admitted to the officer having just smoked some “spice” and that he was having a panic attack. A small bag of “spice” was in plain view on the front seat of client’s vehicle. Client was arrested for driving under the influence of any substance and being in possession of an imitation controlled substance. A blood and urine specimen was taken from client upon arrested and sent to the Alabama Department of Forensic Sciences for testing.

Outcome: Birmingham DUI Defense Attorney Whitney Polson successfully defended the case and all charges were dismissed with prejudice.

Case: .30 Breath test, more than 3 times legal limit, Case Dismissed

Case Synopsis: Client was investigated by a municipal police officer who spotted his vehicle parked on the side of the road in a residential neighborhood after midnight. Client’s vehicle was running and the lights were off. Upon approaching the vehicle, the officer saw client moving around in the car as if the conceal something. Client was ordered from the vehicle where the officer then noted a strong alcohol smell and client was disoriented. Client was given field sobriety tests and was unable to successfully complete them. Client was arrested for DUI. Once at the jail, client registered over three times the legal limit at a 0.30 g/210L. If convicted, client faced aggravated penalties, including the installation of an ignition interlock for 2 years.

Outcome: Whitney Polson successfully litigated the case wherein the City agreed to dismiss the charge.

Case: Minor in Possession of Alcohol, Public Intoxication

Case Synopsis: Client, who was under 21, was in a vehicle stopped on Interstate 59. Client was extremely intoxicated and ordered from the vehicle. Once out of the vehicle, it was determined client was a danger to himself. Alcohol was found in the vehicle upon a search. Client was arrested and charged with Public Intoxication and Minor in Possession of Alcohol.

Outcome: Polson & Polson successfully negotiated with the City for all charges to be dismissed.

Case: Client stopped at 2:32 AM, .21 breath test, Case Dismissed

Case Synopsis: Client was stopped by a municipal police officer at 2:32 AM for Improper Lane Usage. Client was ordered from the vehicle and performed poorly on the Field Sobriety Tests. Client was arrested for DUI and cited for Improper Lane Usage. At the jail, client registered a .21g/210L on the breath test, placing her in the aggravated penalty range if convicted.

Outcome: Whitney Polson successfully negotiated to have client’s DUI charge dismissed with prejudice.

Case: City v. KH

Charges: Roll Over Accident, .16 breath, Case Dismissed

Case Synopsis: A municipal police officer was dispatched to a traffic accident. Upon arrival, the officer saw debris scattered over the road and an overturned vehicle. The client was standing next to the vehicle. The officer spoke to the client and a noticed slurred speech, bloodshot eyes and a smell of alcohol. The officer administered several field sobriety test, all of which the officer felt the client failed. The client was arrested for DUI and registered twice the legal limit upon taking the breath test, .16g/210L.

Outcome: On the day of trial, attorney Whitney Polson secured a dismissal of the charge.

Case: City v. PG

Charge: Public Intoxication and Possession of Marijuana, Cases Dismissed

Case Synposis: Client was the patron at a local bar. The police were called to help remove client from the bar due to his level of intoxication. Client was uncooperative with the police and was subsequently arrested for Public Intoxication. Upon arrest, the Officer searched client and found a small amount of marijuana for personal use and also charge client with Possession of Marijuana.

Outcome: On the day of trial, Attorney Whitney Polson secured a dismissal of both charges.

Charge: Felony Possession of Cocaine

Case Synopsis: Client had developed an on-line relationship with an unidentified female. They made arrangement to meet in public. The unidentified female asked client if he could bring some “stuff” to their meeting so they could “party”. When client asked what type of “stuff” the unidentified female stated “coke or weed”. Client procured a small amount of powder cocaine and traveled to meet the unidentified female at their agreed upon meet location. Client arrived and waited. After a few minutes, a local police agency swarmed the vehicle and conducted a search and found the cocaine. Client had been set up. Upon pre-trial negotiations with the District Attorney’s Office, an agreement was reached to dismiss the charge.

Outcome: Felony/All Charges Dismissed

Charges: DUI Accident with Injury, .18 Breath

Case Synopsis: Client and several friends went to a local bar for drink specials. After several hours, the group left the bar and headed home. They were riding in an open top Jeep that client was driving. Upon approaching a round-a-bout, the front seat passenger, unannounced, jerked the steering wheel causing the vehicle to flip and skid. The front seat passenger’s hand was caught between the vehicle and the pavement and was severely injured, requiring amputation and surgeries. Client was arrested for DUI and registered a .18g/210L on the breath test. After extensive litigation, an agreement was reached for a dismissal of the DUI charge with prejudice.

Outcome: Case Dismissed With Prejudice