Practice Area:DUI / DWI
Description:Defendant under 21: .061 breath test Defendant is an under 21 college student. On the evening before he was going to enter the national guard, his car ran off the road into the bushes. Defendant left the scene of the accident and returned with his mother. The vehicle was not capable of being driven. When Defendant arrived, the police were already at the scene. Defendant spoke with the police and was handcuffed. Defendant submitted to a hand held breath test at the roadway. He was driven to the station and submitted to a breath test revealing an alcohol level three times above the limit for someone his age. Defendant's mother was present during the investigation. The state was not willing to drop the DUI, so the case was set for trial. On the eve of trial, I allowed the prosecutor to speak with Defednant's mother about the sequence of events. Interestingly, the solicitor had a run in with one of the officers a few hours earlier. The prosecutor's experience with the officer confirmed that my client's mother was telling the truth about misleading statements given by the officer. Defendant entered a plea to too fast for conditions and had the alcohol possession by a minor discharged and dismissed without an adjudication of guilt.