Case: City v. JD
Case: City v. JD, .22 Breath Test, Passing Out in Traffic, 2nd DUI Arrest, Dismissal Agreement
Facts: A municipal police officer was dispatched to locate a car that a concerned citizen was following in rush hour traffic. Once locating the car, the officer saw client pass out and wake several times, wherein traffic around client’s car would move, yet client would remain stationary, causing traffic to back-up behind him. Once the officer turned on his lights, it took client almost one mile to pull over. Client spontaneously told the officer “you got me” and admitted to having drank a large quantity of whiskey while driving. A bottle of whiskey was found in the car. Client was unable to perform the sobriety tests and was arrested for DUI. Client had previously been arrested for DUI one year prior. Client registered almost three times the Alabama legal limit at a .22g/210L on the Alabama approved breath test.
Outcome: Birmingham DUI Attorney Whitney Polson successfully negotiated with the city prosecutor for a dismissal agreement.