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CRIMINAL LAW BLOG

DUI and the Police

Posted by Dmitry Gorin | Dec 18, 2008 | 0 Comments

Most people in the city of Los Angeles will have to stand before a judge, receive a life altering penalty and feel a sense of shame if they are charged with DUI. Los Angeles DUI attorneys often aren't utilized properly during these trials, and the general public suffers.

However, when it comes to police officers in one US county, DUI charges aren't a big deal. In large part, it's the successful work of the qualified DUI defense attorney that did the trick.

A DUI charge filed in November against Walton County Deputy Cullen Coraine has been dropped. Coraine's DUI defense attorney, said the state attorney's office failed to dispute his motion to dismiss the charge.

"Basically we argued the undisputed facts of the case didn't support the charges," the DUI defense attorney said. "The state attorney's office is of a like mind."

The Assistant State Attorney acknowledged that prosecutors were unable to object to the DUI defense attorney's motion because the arguments he presented were impossible to dispute.

"There was nothing contradictory," he said.

Coraine was pulled over Nov. 23 and charged with DUI and driving 80 mph in a 45-mph zone. Coraine was adjudicating guilty on the speeding charge, according to Walton County court records. The DUI defense attorney argued in his motion that his client denied he'd been drinking at all, and "there was no staggering or swaying like you see in the cookie cutter cases." He argued in his motion that Coraine declined to submit to field sobriety testing or a breath test for the officers who pulled him over Nov. 23, but told them he would allow a supervisor to administer those tests. "There was a disagreement between Cullen and others in the department over collective bargaining issues," he said.

The DUI defense attorney also argued in his motion that the Walton County officer who pulled Coraine over for speeding had no factual basis for alleging Coraine had been driving 80 mph, as he claimed. "He (Coraine) said he might have been going slightly over the speed limit," the DUI defense attorney said. "The officer who made the stop had no radar."

The DUI charge was dismissed last Wednesday.

Tagged as: violent crimes defense

About the Author

Dmitry Gorin

Dmitry Gorin is a licensed attorney, who has been involved in criminal trial work and pretrial litigation since 1994. Before becoming partner in Eisner Gorin LLP, Mr. Gorin was a Senior Deputy District Attorney in Los Angeles Courts for more than ten years. As a criminal tri...

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