Case Conclusion Date:July 17, 2008
Practice Area:DUI / DWI
Outcome:.237 BAC = DUI case - DISMISSED
Description:Mickey Meeks was arrested and charged with his 4th lifetime DUI when he blew a .237 on the Intox 5000 machine. After a thorough and complete investigation, our evidence revealed that several witnesses observed Mr. Meeks arrived at his girlfriends apartment early in the afternoon in December 2007 and shortly thereafter leave the apartment with his girlfriend. Approximately one hour later the they return and Mr. Meeks enters the apartment and within 15 minutes, he leaves again to go to the QuickTrip convenience store to pruchase beer. Upon his return to the apartment complex, Mr. Meeks strikes a parked vehicle as he is attempting to park his car and causes substantial damage to the parked car. One of the neighbors, who happened to have a bone to pick with Mickey, calls 911 and informs the operator that Mickey is extremely intoxicated and is stumbling all over the place as he is trying to get back into his girlfriend's apartment and that he has just hit a parked car. The police arrive about 1 1/2 hours later and bring Mr. Meeks outside and ask him to perform a series of standardized field sobriety test which he miserable fails. The police indicate that Mr. Meeks smelled heavily of alcohol and that Mr. Meeks admitted to drinking a substantial amount of Jack Daniels. When asked about the beer he had purchased earlier, he indicated it was for his girlfriend. Mikcey is arrested for DUI and taken to jail where he blows a .237 BAC on the breathalyzer machine. As we prepped for trial, we learned about the witnesses biases toward Mickey as well as the fact that the State could not prove that Mr. Meeks had consumed alcohol prior to his driving or striking the parked vehicle. Upon presentation of its evidence to the State and supporting case law, the defense was able to persuade the prosecuting attorney that it could not possibly win the DUI case against Mr. Meeks. The State reluctantly agreed and dismissed the DUI case against Mr. Meeks. Another significant win for P. Darrell Kimbrell and another happy client in Mickey Meeks.