Asleep Behind The Wheel at a Green Light – State Dropped DUI
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.
ASLEEP BEHIND THE WHEEL AT A GREEN LIGHT WITH THE CAR IN PARK AND THE ENGINE RUNNING.
RESULT: THE STATE DROPPED THE DUI
FACTS: At 3:22 a.m., the defendant did not go through the intersection of 22nd avenue NW 20 Street when the light turned green. The officer took notice of the unusual behavior, and approached the vehicle. Upon approaching the car, the driver was found sleeping in the driver’s seat while the vehicle was in park position with the engine running. The officer had to knock on the defendant’s door for five minutes before she actually woke up and opened the door. When the defendant stepped out of the car, she was unsteady on her feet and the officer noticed that the she had blood shot eyes, and had a strong odor of alcoholic beverage coming from her breath. Shortly after being placed inside of the patrol vehicle, the defendant threw up on the floorboard. The defendant attempted to perform the roadside exercises, but she had trouble understanding the instructions being given (as they were given to her three times). The defendant was unable to perform to standard, and was arrested. After being arrested, she refused to submit to a breath test.
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