Case: City v. DJC
Case: City v. DJC- Felony Assault Avoided, DUI Dismissed
Case Synopsis: Client was involved in a two-car traffic accident in Jefferson County, Alabama in the Metro Birmingham area. The driver of the other vehicle was pregnant and suffered an open fracture of her femur. When the local police arrived, client was outside of his vehicle, visibly shaken. Client admitted to having drunk several beers before driving. Numerous witnesses said client turned in front of the victim’s car, thus causing the accident. Client registered a .08 on the breath test, making his blood-alcohol content above the legal limit in Alabama. Client was charged with misdemeanor Assault 3rd and DUI. The local police department was investigating seeking a felony warrant for Assault 1st.
Outcome: Birmingham Criminal and DUI Defense Lawyer Whitney Polson successfully litigated with the prosecutor for a dismissal of the DUI charge and a best interest plea to misdemeanor assault with only a $150 fine. Thus, client avoided a felony prosecution on procedural grounds.