all charges dismissed

Due Process Defense wins DWI & Implied Consent Cases – Dismissed & Rescinded

Today Thomas C. Gallagher was successful in getting a Gross Misdemeanor DWI Refusal case dismissed by the prosecutor a few days before the scheduled Contested Omnibus Hearing.  Gallagher had filed a motion to dismiss due to the arresting police officers violation of the drivers right to due process and failure to vindicate her right to pre-test legal counsel.  The officer interfered with her efforts to reach an attorney by phone, then answered her legal questions including giving her legal advice which included "you won't get any jail time after you go to court if you refuse the chemical test."