2025CF***3

Our client was charged with Resisting With Violence and DUI.  This incident arose from the client getting stopped for speeding.  The officer stated that she traveled a long distance before stopping.  Upon contact the officer said that the client was in his personal space and pushed her having the first physical contact.  He was going to let her leave the car at the gas station and allow her to get it registered.  After pushing her he went to open the car door as she was closing it.  At that time, he forcefully took her to the ground in the parking lot.  As he was putting her in the car he stated she was drunk but never offered FSEs nor read implied consent or allowed her a chance to blow into the Intoxilyzer.  Multiple times after being told she was being arrested for Resisting with Violence and DUI, she asked for a breath test.  After watching the video and speaking with the prosecutor the state offered to let her plea to Resisting without Violence, receiving a Withhold of Adjudication, court costs and cost of prosecution.  The DUI was Nolle Prosequi’d.