The defendant’s car was lawfully parked in a bank parking lot. An officer responded to the defendant’s vehicle as he witnessed what he thought was an assault of a female passenger in the defendant’s vehicle. The officer responded to the driver’s side of the defendant’s vehicle and witnessed the defendant receiving oral sex from the female passenger. Upon making contact with the defendant the officer noticed that the defendant had the strong odor of an alcoholic beverage; red bloodshot eyes, flushed face; slurred speech and was extremely combative and argumentative. The defendant performed poorly on roadside sobriety exercises and registered a .154/.145 on the intoxylizer and told the officer that she was going to drive to her home that was only two blocks away from the scene. The defendant was found not guilty at trial as we argued the defendant was not driving or in “actual physical control of the vehicle”.
DUI & Criminal Division
