Over the past 30 days, the attorneys at Krum, Gergely & Oates have taken several DUI cases to trial and won. In fact, both attorneys David Krum and Esteban Gergely have achieved acquittals for clients that were dead to right, guilty as they come, by arguing technicalities that had nothing to do with their client’s state of sobriety. In two of the most recent cases, Gergely and Krum argued that the police officers who effectuated the arrests of their clients were acting outside of their sworn jurisdiction. In other words, their clients were drunk, they were legally stopped based on probable cause, none of the subsequent police investigative actions were improper, and they were over the legal limit when they took a chemical test for intoxication. Why were their clients found Not Guilty? Because the attorneys noticed an often-overlooked situation: several DUI arrests were being performed by officers under an agreement between them and the county, expanding their police powers beyond their ordinary jurisdiction. In Court, the Prosecution was unable to prove the existence of the agreement, and the extent to which their officer’s jurisdiction was expanded. Consequently, all of the charges were thrown out.
