Police responded to the scene of a bar where the client was out of control after drinking excessively. Once on scene, it was apparent the Client was drunk and needed help as she was having a panic attack. EMS responded and at some point the client was allowed to go to her vehicle, sit in the back seat, and wait for her ride to come and pick her up. The Client then tried to turn on the fan in her vehicle from the back seat and was immediately arrested for DUI. The Firm investigated the case and argued that the Client was not able to control the vehicle from the backseat and was in the backseat soley because law enforcement had allowed her to be there. The State offered to reduce the charge to reckless driving. The Firm refused this offer and set the case for trial. At the day of trial the State dismissed the DUI charge.
DUI & Criminal Division
