Case: City v. LC
Case: City v. LC, Passed out in running car, Pleading Error, Dismissal Agreement
Facts: Municipal officers were called by a concerned citizen to check on a passed out driver in a running car, that was parked in front of an apartment. Upon arriving, the officer saw client behind the wheel of her car, with the vehicle running. Client was awoken. Client was confused and showed signs of impairment. Client was arrested for DUI and registered a .13g/210L on the Alabama approved breath test. Client was charged under an “Any Substance” DUI charge pursuant to Alabama Code 32-5A-191(A)(5).
Outcome: Birmingham Alabama DUI Attorney Whitney Polson investigated the charge and discovered that client had been improperly charged under the wrong section of the Alabama DUI Law. Mr. Polson used this fact in negotiations with the city prosecutor and was able to secure a dismissal agreement of the charge.