Our client was found asleep in her vehicle on the side of the road near her ex-boyfriend’s house after his mother called the police to report her for stalking. As officers approached the vehicle, they found her asleep in the driver’s seat with the engine off and arrested her for Driving Under the Influence after our client refused to participate in a DUI investigation. The Ticket Clinic attorney filed a request for a formal review hearing with the DMV to challenge the suspension of her license. At this hearing, our attorney was able to pin the officers down on their story before their testimony could be coached. During this hearing, our attorney was able to get the officers to admit that they did not have any reason to suspect our client of DUI when they initiated what they referred to as a welfare check on the vehicle. Our attorney prepared a motion to suppress, arguing that because the officers did not have any reason to suspect our client of DUI and because she was alert in the vehicle and responded to the officers welfare check, they had no reason to continue the investigation or order her out of the car. As a result of our efforts, the State changed the charge from DUI to Reckless Driving and our client received a withhold of adjudication which will allow her to seal and expunge this case from her criminal record.
DUI & Criminal Division
