A 911 called reported an impaired person stumbling around the front of a car that was parked at a 7-11. After entering and then exiting the store (less than 2 minutes later), the 911 caller noticed that the same person was now inside the vehicle, who appeared to be passed out. Police and paramedics arrived and the occupant of the car was awoken. 3 empty hard cider bottles were inside the car, and the officer noticed numerous signs of impairment. The police officer testified at the trial that the keys were in the center console, within close reach of the occupant. During the medical clearance, the Defendant became agitated and caused a disturbance within the ambulance. Ticket Clinic lawyers took the case to a jury trial and established that there in fact were 2 “911” calls, relating to different people, and that our client (the occupant of the car) was not the person stumbling around the front of the car, as reported. We were also able to establish that just because the keys were in close proximity to the “driver” he still was not in actual physical control of the car. After a 3 hour jury deliberation, a verdict of NOT GUILTY was returned.
DUI & Criminal Division
