The Defendant was seen weaving within her lane and driving without her headlights on at approximately 2:00 a.m. When stopped, she appeared impaired with glassy/reddened eyes, slow dexterity, a flushed face and slow comprehension. She smelled like alcohol and had slurred speech. She appeared unstable on her feet and performed poorly on roadside tasks. She was argumentative and was eventually arrested for Driving Under the Influence. At the breath facility she refused to give a sample of her breath and admitted to drinking at a restaurant prior to being stopped. She said she had a couple glasses of wine. The Firm filed numerous pieces of evidence on behalf of our client immediately upon being retained. We were able to establish that our client had gotten off a plane and rented the vehicle she was driving only hours before she was stopped. Additionally, due to the fact that this was a rental car, one our client was unfamiliar with, it was reasonable that she did not realize the headlights were not illuminated in an already well lit area of downtown. The Firm also was able to point out to the State Attorney’s office that the officer who instructed our client on the tasks made his own mistakes that he subsequently faulted our client for. After pointing all of this out and providing the proof via plane tickets and receipts to the State Attorney’s Office, they agreed to dismiss the charges for Driving Under the Influence.
DUI & Criminal Division
