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4/27/2007 - Posted by:
DWICOUNSEL.com
Phone: 612-240-8005
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Bloomington Man's DWI license revocation rescinded and DWI charges dismissed

BLOOMINGTON- In 2005, Law enforcement officers received a call that a vehicle was parked along a curb in a residential neighborhood and that a man was passed out on the sidewalk area near the vehicle.  After responding to the scene, officers found a parked vehicle with its lights on and roused an intoxicated the Mark Haman on the sidewalk who stated repeatedly that he had not been driving and that he had received a ride to the location from a third party.  Police contacted the third party who denied driving.  Police cited Mr. Haman  with DWI and revoked his driving privileges.

In an Implied Consent hearing, Defense Attorney Maury D. Beaulier presented testimony from the reluctant third party.  He agreed that he was at a house party with Mr. Haman. He also agreed that he left the party driving Mr. Haman's vehicle, however, Mr. Haman was intoxicated and belligerent.  As a result, the driver became aggravated, pulled to the side of the road and called his girlfriend to pick him up. 

The driver's girlfriend also testified that she picked the driver up. Neither witness could recall whether the vehicles lights were left on.  The driver testified that he lied to police when the called because he was frightened. He, however, denied drinking.

The trial court found the witnesses were not credible and sustained the revocation and the DWI.  Attorney Beaulier, believing that the ruling was contrary to the evidence appealed.  However, before the appeal could be heard, the Attorney General's Office agreed that the evidence was weak and agreed to rescind the revocation.  The DWI criminal charges were also dismissed. 

For legal representation call 612.240.8005 or visit http://www.dwicounsel.com

 
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