Practice Area:DUI / DWI
Outcome:Not Guilty All Counts
Description:Defendant was found by a passerby on the wrong side of the road, facing the wrong way, passed out in the driver's seat with the car running. The passerby called 911 and stayed till the police came. When the officers arrived, it took awhile and several knocks on the window to rouse the Defendant. The Defendant was incoherent and extremely drunk. However, the Defendant came into my office and was adamant that she did not drive the car. This was a tough case. Defendant's husband admitted to driving the car and leaving his wife on the roadway following an argument. At trial, he testified to this fact and thus, the state could never prove that Defendant had driven the car. Defendant was found not guilty despite strong evidence that she was in fact the driver. Defendant was out celebrating her birthday and the officer did admit on the stand that being drunk, alone, and parked on the wrong side of the road, in traffic, was an unusual way to spend a birthday.