David Macklin has played for nine years in the National Football League, most recently for the Kansas City Chiefs. Earlier today Macklin was convicted of DUI in a Virginia Court. Macklin was pulled over on March 13, 2009 for windows that were tinted too dark. The investigating officer smelled a strong odor of alcohol on Macklin’s breath. Macklin then supposedly failed some field sobriety tests. He blew a .11 on the breathalyzer, .03 over the .08 legal limit. Like Massachusetts, a conviction for a first offense DUI in Virginia is a misdemeanor.
This case has an interesting issue. Macklin was pulled over for having windows with a tint darker than permissible by law – – or at least the police officer thought. However, the judge acquitted Macklin of the window tint charge. According to the article this was the sole reason for the initial stop. Thus, it appears that the officer might not have had probable cause to stop the car. As a result, there might have been a viable motion to suppress the stop of the car. Typically, when a stop is declared unconstitutional all fruits fo the stop become inadmissible at trial. In this case, the fruits are the field sobriety test and breathalyzer test results.
Massachusetts DUI Defense Lawyer Stephen Neyman is available twenty four hours per day, seven days per week to answer questions about your case. Call us now at 617-263-6800 or contact us online to discuss your OUI case.
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