Our client was witnessed speeding in a residential neighborhood and hitting a mailbox with his car. Neighbors witnessed him stumble out of his car and enter a nearby backyard. Police arrived and found him asleep in the back yard. Our client was arrested, charged with DUI, LSA and Reckless. After the arrest, he submitted to a breath test, which registered .22, almost triple the legal limit. Ticket Clinic lawyers obtained pictures of the scene and were able to point out inconsistencies with the witnesses’ accounts. We were also able to establish that the neighbors could not have positively identified our client, as there were obstructions in their view. We demonstrated that our client was discovered in an area not possibly seen from the street, and therefore we were able to challenge the entry based on an expectation of privacy. Lastly, based on the time that it took for police to arrive, we were able to argue that they could not establish impairment at the time of driving. On the day of the hearing, the State dropped the DUI, and the other 2 charges as well. As a result, our client was able to keep his job!
DUI & Criminal Division
