Foss G. Hodges – Criminal Defense Notable Cases:
DUI

DUI Reduced to Reckless (2019)

Defense Counsel:

Charges: DUI

Prosecution's Case:

Client stopped for broken headlight. Officers detected strong odor of alcohol and conducted Field Sobriety Tests. After client failed all the Field Sobriety Tests and refused a breath test, he was arrested for DUI. Client had two prior DUI convictions. This was his third DUI arrest, and his second DUI arrest in 10 years. He was facing mandatory jail time and license suspension.

Defense and Outcome:

Before Arraignment, Hodges obtained all the discovery in the case, visited and photographed the scene, and had the client attend AA, complete DUI evaluation, treatment, and classes, and complete community service.

Hodges learned from his investigation that the Field Sobriety Tests were not reliable, because the officers did not perform them properly. Hodges also learned that officers did not properly provide the Implied Consent Notice, which led to the client's confusion about whether or not he should submit to a breath test.

After Hodges showed the prosecutor all the evidence and mitigation in the case, the prosecutor agreed to reduce the charges to Reckless Driving. The client did not have to go to jail, and did not lose his license.

DUI reduced to Reckless Driving (2019)

Defense Counsel:

Charges: DUI

Prosecution's Case:

Client pulled over when observed driving well under speed limit and impeding traffic. Arrested when officers observed that client had strong odor of alcohol and was extremely confused, incoherent, and unsteady on his feet. Client's blood alcohol content came back well over the legal limit.

Defense and Outcome:

DUI reduced to Reckless Driving where Hodges proved there was no reasonable suspicion for the stop - there was no evidence of client actually impeding traffic or committing any other traffic offense, and driving too slow was not enough to justify stop.

DUI reduced to Reckless Driving (2018)

Defense Counsel:

Charges: DUI

Prosecution's Case:

Client arrested for DUI when observed driving erratically after leaving bar.

Defense and Outcome:

DUI reduced to Reckless Driving when Hodges has client complete all DUI mitigations prior to arraignment.

DUI reduced to Reckless Driving (2018)

Defense Counsel:

Charges: DUI

Prosecution's Case:

Client arrested for DUI when pulled over for busted tail light, and officer observed odor of alcohol, slurred speech, and red, watery eyes.

Defense and Outcome:

DUI reduced to Reckless Driving when Hodges showed prosecutor that tail light was not busted, that there was no other reasonable suspicion to make the stop, that client's speech was always slurred, and his eyes were always red and watery, when completely sober.

DUI reduced to Reckless Driving (2016)

Defense Counsel:

Charges: DUI

Prosecution's Case:

Client arrested for DUI when she was stopped for running over curb and driving wrong way down one way street.

Defense and Outcome:

DUI reduced to Reckless Driving when Hodges proves client was having anxiety attack, not impaired.

DUI reduced to Reckless Driving (2015)

Defense Counsel:

Charges: DUI

Prosecution's Case:

Client arrested for DUI after she hit a parked car.

Defense and Outcome:

DUI reduced to Reckless Driving when Hodges showed prosecutor that Implied Consent notice not administered properly.

DUI reduced to Reckless Driving (2015)

Defense Counsel:

Charges: DUI

Prosecution's Case:

Client arrested for DUI when police found him confused and Incoherent in parked car on the side of the road.

Defense and Outcome:

DUI reduced to Reckless Driving, where Hodges proves client was having nervous breakdown, not intoxicated.