Client ran his jeep off the road into a ditch. When police arrived, he was attempting to change a flat tire that was a result of the accident. The officers noticed he was unsteady and smelled alcohol on his breath. He was asked to perform field sobriety exercises and complied. The officers arrested him as they felt he was impaired and did not perform well on the exercises. At the station, our client blew .17 (over twice the legal limit).
Our firm filed a motion arguing that the vehicle running off the road is not a crash by definition and no witness could place our client behind the wheel. After we won the motion, the State dropped the case.