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.308 Breath Test College Park

Practice Area: DUI & DWI

Outcome: After a Trial, Case was negotiated to a Reckless Driving

Description: Defendant was passed out in an airport parking lot, blocking a gate. She was not an emplyee, but was in the employee's section. Several witnesses were concerned for her safety and probably could not get out of the lot with her there. The police were called and at the ALS hearing, the officer testified: "I had Ms. X step out of the vehicle; turn it off for me. I asked her what she was doing. She stated she had too much to drink. Her pants were unbuttoned, unzipped, partly down. She had nothing on but socks." The officer then tried to do field sobriety tests, but Defendant could not do them and was arrested and taken for a breath test at the station. Defendant blew .310 and .308. We set the case for a trial and had a bench trial. At trial, the officer's story differed from his testimony at the ALS hearing. He became frustrated as he was reading his inconsistencies to the trial judge. In closing argument, I gave 3 reasons why my client should be found not guilty: the implied consent was not established, the ALS hearing had him reading it at an improper time, and finally they could not prove the test was done within three hours of driving. The judge took the case under advisement and adjourned the parties for 2 months. I sent him two cases on point and when we reconvened, all parties, the officer, the judge, and I discussed the case and reached a negotiated settlement to a reckless driving and a fine. My client agreed to the resolution. It was a fair and good result for all parties involved. This was a really tough case and only had a narrow window in which to win. My client walked out of there with NO DUI conviction and her driver's license.

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