Mr. Cross represented a gentleman who drove his car off the road. He had been drinking earlier in the evening. The client left the scene of the accident. A nearby resident telephoned the police, and the client was later questioned by his police at his residence.

The police arrested the client and took him to jail where he was required to provide a breath sample for alcohol testing. He blew over the legal limit and was charged with DUI.

Mr. Cross filed a motion to suppress the blood alcohol evidence based on the delay between driving and the testing of his client's breath.

RESULT: DUI DISMISSED. Prior to the court rendering a ruling, the prosecutor agreed to dismiss the charge of DUI based on Mr. Cross's legal brief in exchange for a plea to a non-alcohol related charge of "failure to report accident." No appeal could be taken by the prosecutor.