News & Wins

Driver with Prior DWI with Reported BAC of Nearly Three (3) Times Legal Limit

Reported by the Law Office of Carl M. Ward on June 30th, 2019

The defendant was reported to the police by a concerned citizen that he was “sleeping or unconscious” behind the wheel” of a vehicle that was parked on a hotel parking lot. There was absolutely no evidence that the driver was intoxicated when discovered by the citizen, as the windows were up at the time, and the citizen could not have smelled the odor of intoxicants coming from either the driver or inside the vehicle. As the police arrived, the driver was already exiting the parking lot and was not observed violating any traffic laws. However, the driver was immediately pulled over, a DWI investigation followed, and the driver was subsequently arrested and charged with DWI.

Here, I argued that the driver had never been observed violating any law, and that sleeping in one’s car in the parking lot of a hotel where the driver was staying is not illegal. I also argued that that the time of the traffic stop, there was no longer any need for a “wellness check,” as he was no longer sleeping or unconscious. As a result, a plea bargain reached and the DWI charge was reduced to a non-alcohol related traffic offense, with only a small fine.