DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
My client had been out with her friends socializing and had been consuming alcohol. On her way home she began to feel sick, so she decided to park her car and go to sleep. The police observed her parked car and decided to wake my client. Eventually the police woke my client up. The police reported that she had a flushed face, an odor of alcohol and slurred speech – facts we did not dispute. My client refused to take the breath test.
At trial, we argued to the jury that my client exercised good judgment by deciding to park her car and get some sleep rather than continue to drive once she began not to feel well. The prosecution argued that while my client was not technically “driving,” she was nevertheless in “actual physical control” of a motor vehicle while under the influence of alcohol to the extent that her normal faculties were impaired.
Verdict: NOT GUILTY!