Successful DUI Cases in Alabama

With 40 years of experience in defending DUI cases all over Alabama, Polson & Polson have won over a hundred significant DUI cases in the history of DUI charges in the courts of Alabama – and are still winning. We believe that there is no such thing as a hopeless case.

EXPERIENCE, REPUTATION AND DETERMINATION

Call today for an experienced DUI defense attorney.

We Can Help!

City v. D

Case:  City v. D- DUI Accident with Police Car, Dismissal Agreement
Synopsis:  Client was involved in a wreck on the interstate with a police car.  A local police officer was working a wreck and was parked with his patrol lights on.  Client was traveling on the same section of interstate and failed to move over in time to avoid striking the parked police car.  Client was arrested for DUI after the arresting officer determined client was under the influence of alcohol, in violation of Alabama DUI Laws.  Client registered .14 on the Alabama Approved Breath Test.
Outcome:  Alabama DUI Attorney Whitney Polson successfully negotiated with the City Prosecutor for a dismissal agreement.

Blood Alcohol:

Result:

City v. D

Case:  City v. D- Party Busted by Police, Client Ran from Apartment, Marijuana and Drug Paraphernalia Cases Dismissed
Synopsis:  Client lived with two roommates in an apartment.  Client and his roommates were having a party at their residence.  A municipal police officer responded to a noise complaint and entered the apartment.  Upon entering the residence and starting to identify the occupants, client ran out the front door.  The apartment was searched and marijuana and drug paraphernalia were found in violation of Alabama Drug Laws.  Client was charged with possession of marijuana second degree and possession of drug paraphernalia.
Outcome:  Alabama Criminal Defense Lawyer Whitney Polson successfully negotiated with the municipal prosecutor to dismiss both of client’s charges for Possession of Marijuana 2nd and Possession of Drug Paraphernalia.  Client faced severe penalties if he had been convicted under these Alabama Drug Laws.

Blood Alcohol:

Result:

City v. M

Case:  City v. M- DUI Arrest with Refusal To Take Breath Test, Improper Lane Usage-Dismissal Agreement
Synopsis:  Client was stopped by a municipal police officer, at approximately midnight, for a violation of Alabama’s Improper Lane Usage Law.  Client admitted to the officer having just left a bar and having drank several drinks.  Client was asked to step from her car and was given standardized field sobriety tests.  The arresting officer concluded that Client should be arrested for a violation of Alabama’s DUI Law.  Client was taken to the police department and refused to submit to the breath test.  Client faced 24 months of Ignition Interlock if convicted of DUI, along with other penalties.
Outcome:  Alabama DUI Lawyer Whitney Polson successfully negotiated for client’s DUI charge to be dismissed.  This agreement saved client from 2 years of Ignition Interlock under Alabama’s Ignition Interlock Laws and DUI statute.

Blood Alcohol:

Result:

City v. T-Single Car Accident

Case:  City v. T- Single Car Accident on Interstate, DUI, .11 Breath Test, Dismissal Agreement
Synopsis:  Client became drowsy and decided to pull off on to the shoulder of the interstate.  Client ended up pulling too far onto the shoulder and his car slid down an embankment and became stuck.  Client was trying to walk for help and was stopped by a City Police Officer.  Client was investigated for violation of Alabama DUI Laws and was arrested for DUI.  At the jail, client registered over the legal limit at a .11 on the breath test approved by the Alabama Department of Forensic Sciences.
Outcome:  Alabama DUI Attorney Whitney Polson identified several legal problems with the City’s case and successfully negotiated for the DUI charge to be dismissed.

Blood Alcohol:

Result:

State of Alabama v. SN

Case:  State of Alabama v. SN- Misdemeanor Domestic Violence Criminal Mischief Dismissed
Synopsis:  Client was charged under Alabama Domestic Violence laws of Domestic Violence Criminal Mischief.  Client arrived home to find her ex-significant other parked in her driveway with their child in the car.  Client became angry and asked the ex to leave.  When the ex would not leave, client struck the ex’s vehicle numerous times with a hammer; thus causing over $1000 in damages.  A warrant of arrest was issued for a violation of Alabama’s Domestic Violence Laws.
Outcome:  Birmingham Criminal Defense Attorney Whitney Polson successfully defended the charge and the case was dismissed.

Blood Alcohol:

Result:

State of Alabama v. BE

Case:  State of Alabama v. BE- Felony Domestic Violence Dismissed
Synopsis:  Client was charged under Alabama Felony Domestic Violence laws of Strangulation/Suffocation.  Client was involved in a fight with his wife at their home.  Client maintained self-defense; though, the victim had bruising to her neck and face area.  Client fled the home, with his children, and called 911 for help.  The victim also called 911 for help.  When the officers arrived at the location of client, they found him upset and visibly shaken.  Client had cuts and marks on his arms.  Client was ultimately arrested and charged with Felony Domestic Violence.  Under Alabama Domestic Violence Laws, client was facing up to 20 years in prison, if convicted.
Outcome:  Birmingham Alabama Criminal Defense Lawyer Whitney Polson successfully litigated with the District Attorney’s Office and the case was dismissed in District Court.

Blood Alcohol:

Result:

Case: City v. E

Case:  City v. E,  DUI Rear end accident, Blood Draw Double Legal Limit of Alcohol and Drugs in System, Dismissal
Synopsis:  Client had a prior DUI arrest.  Client was involved in a rear-end accident at an intersection.  A municipal police officer investigated and formed an opinion that client was under the influence and arrested client for DUI.  At the station, client refused to take the breath test and a warrant for a blood draw was gained by the municipal police.  The toxicological test revealed a blood alcohol content of over twice the Alabama legal limit.  As well, controlled substances were found in client’s blood sample.
Outcome:  Birmingham Alabama DUI Defense Lawyer Whitney Polson successfully negotiated with the City for the DUI charge to be dismissed.

Blood Alcohol:

Result:

Case: State v. D

Case: State v. D,  Client Charged with Felony Domestic Violence, Case No Billed by Grand Jury
Synopsis:  Client was arrested for a violation of Alabama Domestic Violence Law, specifically Domestic Violence Strangulation/Suffocation, a felony.  Client was alleged to have been involved in an altercation with his girlfriend, whereby his girlfriend was choked in the course of an argument and passed out.  Neighbors heard the dispute and called 911.  The girlfriend had visible markings on her neck.  Both client and the girlfriend were intoxicated.
Outcome:  Birmingham Criminal Defense Lawyer Whitney Polson successfully navigated the charge through the district court and was able to convince the district attorney to No Bill (dismiss) the charge on the grand jury.

Blood Alcohol:

Result:

Case: State v. CE

Case:  State v. CE, Client Charged with Felony Identity Theft, Felony Dismissed
Synopsis:  Client was charged under Alabama’s Identity Theft Laws, a Class B Felony with a range of penalty of 2 to 20 years in prison along with fines and costs.  Birmingham Criminal Defense Lawyer Whitney Polson successful negotiated with the State to reduce the charge from a felony to a misdemeanor.
Result:  Client’s felony charge was reduced to a misdemeanor and client was given probation thereby avoiding being labeled for a lifetime a convicted felon.

Blood Alcohol:

Result:

Case: City v. JD

Case:  City v. JD, .22 Breath Test, Passing Out in Traffic, 2nd DUI Arrest, Dismissal Agreement
Facts: A municipal police officer was dispatched to locate a car that a concerned citizen was following in rush hour traffic.  Once locating the car, the officer saw client pass out and wake several times, wherein traffic around client’s car would move, yet client would remain stationary, causing traffic to back-up behind him.  Once the officer turned on his lights, it took client almost one mile to pull over.  Client spontaneously told the officer “you got me” and admitted to having drank a large quantity of whiskey while driving.  A bottle of whiskey was found in the car.  Client was unable to perform the sobriety tests and was arrested for DUI.  Client had previously been arrested for DUI one year prior.  Client registered almost three times the Alabama legal limit at a .22g/210L on the Alabama approved breath test.
Outcome:  Birmingham DUI Attorney Whitney Polson successfully negotiated with the city prosecutor for a dismissal agreement.

Blood Alcohol:

Result:

Case: City v. SK

Case:  City v. SK, 4th DUI, Dismissal Agreement
Facts:  This case was client’s 4th lifetime DUI arrest.  Client was stopped upon exiting the interstate by a municipal police officer.  The officer told client, his department had received numerous calls concerning client recklessly driving on the interstate.  Client had an Open Container of alcohol in her car.  Client was ordered from the car and “failed” all administered field sobriety tests.  Client was arrested for DUI and Open Container of Alcohol.  Client registered a .14g/210L on the Alabama approved breath test.
Outcome:  Alabama DUI Attorney Whitney Polson successfully negotiated with the municipal prosecutor for a dismissal agreement of client’s pending DUI charge, even though she had 3 prior DUI arrests in Alabama.

Blood Alcohol:

Result:

Case: City v. LC

Case:  City v. LC, Passed out in running car, Pleading Error, Dismissal Agreement
Facts:  Municipal officers were called by a concerned citizen to check on a passed out driver in a running car, that was parked in front of an apartment.  Upon arriving, the officer saw client behind the wheel of her car, with the vehicle running.  Client was awoken.  Client was confused and showed signs of impairment.  Client was arrested for DUI and registered a .13g/210L on the Alabama approved breath test.  Client was charged under an “Any Substance” DUI charge pursuant to Alabama Code 32-5A-191(A)(5).
Outcome:  Birmingham Alabama DUI Attorney Whitney Polson investigated the charge and discovered that client had been improperly charged under the wrong section of the Alabama DUI Law.  Mr. Polson used this fact in negotiations with the city prosecutor and was able to secure a dismissal agreement of the charge.

Blood Alcohol:

Result:

Case: City v. MC

Case:  City v. MC, Jurisdictional Argument, .14 Breath, Dismissal Agreement
Facts:  Client was stopped for running a red light by a municipal police officer at 1:34 A.M.  Once pulled over, client admitted to having just left a bar and having drank alcohol.  Client “failed” the administered field sobriety tests and was arrested for DUI.  Client registered .14g/210L on the approved Alabama breath test.
Outcome:  Birmingham Alabama DUI Criminal Defense Lawyer Whitney Polson investigated the case and learned that the municipal officer was outside of his jurisdiction and therefore, the stop for the traffic violation was illegal.  Mr. Polson used this to successfully negotiate for both charges to be dismissed.

Blood Alcohol:

Result:

Case: City v. MM

Case:  City v. MM, 2nd Offense, Accident, Dismissal Agreement
Facts:  At 5:55 A.M. a municipal police officer responded to a citizen complaint of an accident.  Upon arriving at the location, the officer found client’s vehicle parked, with extensive damage to the front, with client passed out behind the wheel.  Client was woken by the officer.  The officer noted client was disoriented, incoherent and did not know where he was.  Client was unsteady on his feet and smelled of alcohol.  Client was arrested for DUI and taken to jail.  At the jail, client registered .11g/210L on the breath test.  This was client’s second DUI in Alabama.
Outcome:  Alabama DUI lawyer Whitney Polson successfully negotiated with the City for a dismissal of the charge based upon a causation argument and actual physical control argument.

Blood Alcohol:

Result:

Case: City v. AB

Case: City v. AB

Charge: Third DUI, Wreck on Interstate, Dismissal

Case Synopsis: Client was involved in a single car wreck on the interstate.  When the municipal police arrived, client was unable to stand and extremely disoriented.  Client told officer he was headed west, when in fact he was on the east bound lane of the interstate.  Client was unable to tell officers what City he was in.  Client was arrested for DUI-Any Substance under Alabama DUI Law 32-5A-191(a)(5).  If convicted, client was a minimum jail sentence and the installation of an Ignition Interlock Device.

Outcome: Birmingham Alabama DUI Defense Lawyer Whitney Polson successfully negotiated for the dismissal of the charge.

Blood Alcohol:

Result:

Case: City v. KG

Case: City V. KG

Charge: Citizen Complaint of Intoxicated Driver, Dismissal

Case Synopsis: Client was stopped by a municipal police officer based on a complaint of an intoxicated driver called in by a citizen.  Client’s car matched the description of the call.  Client was found to be highly agitated and intoxicated and was unable to perform a field sobriety test.  Client was arrested for DUI.  At the jail, client was unable to provide a breath test and was written up for a refusal.  If convicted, client faced significant penalties under Alabama DUI Laws including the installation of an Ignition Interlock.

Outcome: Birmingham Alabama DUI Defense Lawyer Whitney Polson successfully litigated with the City and a dismissal agreement was reached.

Blood Alcohol:

Result:

Case: City v. D

Case: City v. D

Charge: Resisting Arrest, DUI and Reckless Driving, Dismissal All Charges

Case Synopsis: Client was stopped by a municipal police officer for “spinning out” of a parking lot.  Officer noted client had slurred speech and client stated alcohol had been consumed prior to driving.  When the officer was running client’s driver information over the radio, client drove away.  Officer chased client for a short distance and stopped client a second time.  Client was ordered from the car and asked to perform field sobriety tests.  Client refused to take the field sobriety tests and an altercation ensued with the officer.  Client became combative and was tazed.  Client was arrested for DUI, Resisting Arrest and Reckless Driving.

Outcome: Birmingham Alabama DUI Defense Lawyer Whitney Polson successfully negotiated for a dismissal agreement of all charges.

Blood Alcohol:

Result:

Case: State v. G

Case: State v. G

Charge: Distribution of Controlled Substance/Trafficking Controlled Substance

Case Synopsis: Client was set-up by a confidential informant working for the drug task force.  On two separate occasions, the confidential informant bought a large quantity of controlled substances from client.  These transactions were recorded.  Client was arrested for two counts of Distribution of a Controlled Substance under Alabama Law.  Upon review of the file, the District Attorney concluded client could be prosecuted under Alabama Drug Laws for Trafficking of Controlled Substances due to the weight of the substance sold.  Client was facing a minimum mandatory prison sentence of up to 25 years under a Trafficking Prosecution.

Outcome: Birmingham Alabama Criminal Defense Lawyer Whitney Polson successfully negotiated with the District Attorney to dismiss one count of distribution and reduce the second count to simple possession.  Client was given probation.

Blood Alcohol:

Result:

Case: City v. C

Case: City v. C- Reckless Driving and DUI Arrest 4 AM, Both Charges Dismissed
Synopsis:  Client was arrested at 4 AM for Reckless Driving and DUI by a municipal police officer.  Client was disoriented and did not know where he was when stopped.  There was extensive damage to client’s car. Client was visibly impaired and admitted to having drunken numerous alcoholic beverages before driving.  Client registered .14 on the breath test, well above the legal limit for DUI in Alabama.
Outcome:  Birmingham DUI and Criminal Defense Attorney Whitney Polson successfully negotiated with the City Prosecutor for both the DUI and Reckless Driving charges to be dismissed.

Blood Alcohol:

Result:

Case: City v. DJC

Case: City v. DJC- Felony Assault Avoided, DUI Dismissed
Case Synopsis:  Client was involved in a two-car traffic accident in Jefferson County, Alabama in the Metro Birmingham area. The driver of the other vehicle was pregnant and suffered an open fracture of her femur.  When the local police arrived, client was outside of his vehicle, visibly shaken.  Client admitted to having drunk several beers before driving.  Numerous witnesses said client turned in front of the victim’s car, thus causing the accident. Client registered a .08 on the breath test, making his blood-alcohol content above the legal limit in Alabama.  Client was charged with misdemeanor Assault 3rd and DUI.  The local police department was investigating seeking a felony warrant for Assault 1st.
Outcome:  Birmingham Criminal and DUI Defense Lawyer Whitney Polson successfully litigated with the prosecutor for a dismissal of the DUI charge and a best interest plea to misdemeanor assault with only a $150 fine.  Thus, client avoided a felony prosecution on procedural grounds.

Blood Alcohol:

Result:

Case: Open Container and DUI Charges Dismissed

Case: Client involved in Rear-End Traffic Accident, Open Container of Alcohol, DUI Arrest, All Charges Dismissed

Case Synopsis: Birmingham Alabama Criminal and DUI Defense Law Firm Polson & Polson Client, when approaching an intersection, rear ended the car in front of him, setting off a chain reaction of one other car.  When the Homewood Alabama police arrived, client was still in his vehicle and had an open container of alcohol in the car.  Client was investigated for DUI by the Homewood officer and subsequently arrested.  Client refused to submit to the breath test at the Homewood Alabama Jail.

Blood Alcohol:

Result:

Birmingham Alabama DUI and Criminal Defense Lawyer Whitney Polson, on the day of trial, successfully litigated for both the DUI charge and Open Container of Alcohol Charge to be dismissed.


Case: DUI Dismissed for Client with Prior DUI Arrest

Case: .12 Breath Test, Prior DUI Arrest, Case Dismissed

Case Synopsis: Birmingham Alabama Criminal and DUI Defense Law Firm Polson & Polson Client was stopped by a Homewood Municipal Police Officer for Improper Tail Lights.  When the officers approached the car, they detected a strong odor of alcohol and found client to be visibly intoxicated.  Client was removed from the vehicle for Field Sobriety Testing.  Client refused all roadside sobriety tests and the officers placed client under arrest for DUI and transported client to the Homewood Alabama Jail for breath testing. Client registered a .12g/210L on the breath test.

Blood Alcohol: .12g/210L

Result:

Birmingham Alabama Criminal and DUI Attorney Whitney Polson was able to find procedural problems with the way the breath test was administered and, from this, able to negotiate a dismissal of the DUI charge; though, defendant had a prior DUI arrest in Alabama.


Case: Three Car Accident DUI Dismissed

Case: Car Accident, Refusal of Breath, DUI Case Dismissed

Case Synopsis: Birmingham Alabama Criminal and DUI Defense Law Firm Polson & Polson Client was traveling northbound on Arkadelphia Road in Birmingham Alabama.  Client swerved across her lane of travel in to the southbound lane and struck another vehicle and after this collision struck a third vehicle.  Drivers of 2 of 3 vehicles were taken to the hospital.  Client was incoherent when the Birmingham, Alabama Police arrived and was unable to exit her vehicle without assistance from the police.  Client had an odor of alcohol and could not stand on her own.  Client was arrested for DUI and transported to the Birmingham, Alabama City Jail for breath testing and processing.  Client refused to submit to the breath test.

Blood Alcohol:

Result:

Birmingham Alabama Criminal and DUI Defense Lawyer Mark Polson successfully litigated for the DUI charge to be dismissed on the day of trial.


Case: State v. KM

Case: State v. KM, 5 counts of Unlawful Possession of Controlled Substance, Unlawful Possession of Drug Paraphernalia, Attempt to Elude, and Resisting Arrest, Dismissal of all Charges

Case Synopsis: Local County Sheriffs responded to information that Defendant was selling methamphetamine at his residence. Upon arrival, Deputies observed Defendant run out of building and into the woods. Defendant threw an item into the woods and proceeded to run in another direction. Deputies spotted Defendant trying to hide in a pile of brush. Defendant was handcuffed and detained. A box was recovered in the woods near Defendant that contained the following items: 9.4 grams of methamphetamine, 1 gram of heroin, 10 milligram Hydrocodone tablets, generic Adderall tablets, Phentermine tablets, Methocarbamol tablets, other unidentified tablets, digital weight scale used to weigh narcotics, one small red straw used to inhale narcotics, one glass tube used to smoke narcotics, two small round containers used to contain and transport narcotics, and multiple plastic baggies used to contain and transport narcotics. Defendant was charged under Alabama Drug Laws with Unlawful Possession of Controlled Substance – Methamphetamine, Unlawful Possession of Controlled Substance – Heroin, Unlawful Possession of Controlled Substance – Hydrocodone, Unlawful Possession of Controlled Substance –Generic Adderall, Unlawful Possession of Controlled Substance – Phentermine, Unlawful Possession of Drug Paraphernalia, Attempting to Elude Police, and Resisting Arrest.

Outcome: Birmingham Alabama Criminal Defense Attorney, Whitney Polson, successfully argued for all of the Client’s charges to be dismissed on the day of trial. Client’s cases were dismissed.

Blood Alcohol:

Result:

Case: City v. PG

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.

Blood Alcohol:

Result:

Case: City v. KH

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.

Blood Alcohol:

Result:

Court: Jefferson County Circuit Court

Case Synopsis: Client stopped at 2:18 A.M for improper lane usage. Officer noted odor of alcohol, unsteady on feet, red eyes, admission of drinking, and failed field sobriety tests. Client arrested for DUI and Improper Lane Usage.

Blood Alcohol:Test Refused

Result:

 DUI and Improper Lane Use charges DISMISSED by Judge prior to case going to jury for deliberations on motion of defense counsel


Court: Jefferson County Circuit Court (Bessemer Division)

Case Synopsis: Client stopped for driving erratic after 911 call placed to police concerning vehicle matching client’s. Officer noted bottle of vodka in client’s vehicle, strong odor of alcohol, red eyes, unsteady on feet, failed field sobriety tests, admission of drinking. Client arrested for DUI.

Blood Alcohol:Test Refused

Result:

NOT GUILTY by jury verdict


Court: Jefferson County District Court

Case Synopsis: Two car traffic accident on Interstate I-459. Officer reported blood shot eyes, odor of alcohol, slurred speech, poor performance on field sobriety tests, and failed preliminary breath test on roadside. Client arrested for DUI.

Blood Alcohol:.10 g/210 L

Result:

DUI DISMISSED after plea negotiation


Case: DUI With Crash

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.

Blood Alcohol:

Result:

Case: Second Offense DUI Case

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.

Blood Alcohol:

Result:

Case: Illegal Possession and DUI

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.

Blood Alcohol:

Result:

Case: Birmingham DUI Charge

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.

Blood Alcohol:

Result:

Case: Minor in Possession of Alcohol

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.

Blood Alcohol:

Result:

Case: Birmingham DUI Case

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.

Blood Alcohol:

Result:

Charge: Felony Possession of Cocaine

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

Blood Alcohol:

Result:

Charge: DUI Accident With Injury

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

Blood Alcohol:

Result:

Charge: Drug Possession, Minor in Possession of Alcohol

Charge: Drug Possession, Minor in Possession of Alcohol

Case Synopsis: A client under the age of 21 was a passenger in a vehicle that was found to have marijuana, alcohol and drug paraphernalia by law enforcement. The client was charged with possession of drug paraphernalia, minor in possession of alcohol and possession of marijuana. Polson & Polson’s work on the case resulted in a dismissal of all of the charges.

Outcome: Case Dismissed

Blood Alcohol:

Result:

Charge: Attempting to Elude, Resisting Arrest

Charges: Attempting To Elude, Resisting Arrest, Public Intoxication

Case Synopsis: A client who was under suspicion of being drunk in public ran from law enforcement and became combative during his arrest. The client was charged with attempting to elude, resisting arrest and public intoxication. Polson & Polson negotiated to have all of these charges dismissed.

Outcome: Charges Dismissed

Blood Alcohol:

Result:

Case: Possession of Marijuana

Charge: Possession of Marijuana

Case Synopsis: An officer stopped the client for running a red light at around 2:00 in the morning. The officer smelled marijuana and saw a bag of marijuana in the client’s vehicle, which resulted in the client being arrested for possession of marijuana. The client also received a citation for running a traffic light. Polson & Polson was successful in having the case dismissed.

Outcome: Case Dismissed

Blood Alcohol:

Result:

Case: Felony Theft of Property Charges

Charges: Felony Theft of Property and Receiving Stolen Property

Case Synopsis: A client was under investigation for receiving stolen property and theft as a result of two separate incidents. The State pressed felony charges of receiving stolen property in the second degree and second-degree theft of property. In pre-trial litigation, Polson & Polson was successful in having the client’s felony charges dismissed.

Outcome: Charges Dismissed

Blood Alcohol:

Result:

Charge: Domestic Violence

Case: A client was arrested and charged with domestic violence after an incident involving his elderly sister. Whitney Polson filed a pre-trial motion to dismiss the case. He argued at a hearing for the dismissal of his client’s charges based on an affirmative defense. The Court agreed with Mr. Polson and dismissed the charges.

Outcome: Case Dismissed

Blood Alcohol:

Result:

Case: Birmingham DUI Charge

Charge: DUI

Case: The client was found incapacitated in his vehicle by an Alabama State Trooper. The car had left the roadway, hit a culvert and flipped before coming to a stop. The Trooper indicated that the client was incapacitated in the vehicle. The client submitted to a breath test and his blood alcohol content registered a .15, nearly twice the legal limit. Attorney Whitney Polson negotiated with the state before trial and the case was dismissed.

 

Outcome: Case Dismissed

Blood Alcohol:

Result:

Court: Mountain Brook Municipal Court

Case Synopsis: Client failed to yield right of way to police vehicle. Upon approaching client’s vehicle officer noted strong odor of burnt marijuana, blood shot eyes of client, unsteadiness of client on feet, and failed field sobriety tests. Client arrested for DUI (under influence combination alcohol and controlled substance)

Blood Alcohol:.03 g/210 L (no blood or urine for drugs)

Result:

DUI DISMISSED after plea negotiation


Court: Jefferson County Circuit Court

Case Synopsis: Client stopped for speeding over 100 MPH on I-459 late at night. Bottle of vodka found in car. Officer noted odor of alcohol, failed field sobriety tests, unsteady on feet, and red eyes. Client arrested for DUI and Speeding.

Blood Alcohol:.10 g/210 L

Result:

NOT GUILTY by jury verdict


Court: Huntsville Municipal Court

Case Synopsis: Client stopped for weaving. Officer reported red glassy eyes, odor of alcohol, and unsteadiness on feet. Preliminary breath test on roadside .101. Client arrested for DUI.

Blood Alcohol:.09 g/210 L

Result:

DUI DISMISSED after plea negotiation