Near-fatal ATV accident, driver's DUI dismissed
Highly-intoxicated client lost control of the ATV he was driving in rural Linn County and received severe injuries. He was taken by life flight to the hospital and his blood was taken and tested to be well over the limit. This case presented many difficult issues. Attorney Brian Leininger determined that the blood sample was taken without a warrant while his client was unconscious. Based on recent United States Supreme Court precedent Brian convinced the prosecutor that the blood test was illegally obtained and inadmissible in court. Without this evidence the government had insufficient evidence to proceed. The prosecutor dismissed the case.