xanax duiI recently had a client who was charged with DUI for being under the influence of Xanax (a CNS Depressant).  I fought the case tooth and nail for 9 months until I achieved the just result, a dismissal of the DUI.

This was a weak case for the State, but the prosecutor said from the start that they would rather have it dismissed by a Judge after trial than just simply dismiss it outright.  The video showed the client’s speech slurring and that he could not stand up straight for any period of time.  Clearly he was not right.  However, he was tired after working all day at a construction site and he had a prior ankle injury that was aggravated by work which contributed to his demeanor.   Besides that, he blew a 0.0 on the Alco-test (breathalyzer).  Although, he did admit to taking a Xanax for which he did not have a prescription.

Nevertheless, the lab test result came back negative for Xanax and positive only for over the counter medication.  The officer also made several mistakes in his evaluation.  First, he did not take the client’s temperature.  Second, he failed to consider that a subject under a CNS depressant would not have normal blood pressure and pulse reading, which the client had.

The prosecutor finally agreed to dismiss the DUI on the day of trial last week after 9 months of fighting over the facts. Finally, the prosecutor realized that the likelihood of success was too low to warrant the time that she would spend on this case at trial.

When results matter, you need a defense attorney who will fight relentlessly for you to get favorable results. Especially in matters that can affect your future, such a DUI or drug charge, seek legal assistance from someone with a proven track record of success—call me, Leon Matchin at (732) 662-7658.