In my closing arguments, I said what we had witnessed was not a DUI, but instead a “DID”: Damsel in Distress*.  Judge _____ agreed and ruled in client’s favor: “Not Guilty” of DUI allegations.

Client was not driving her personal vehicle (she was not driving at all); though she was parked and behind the driver’s wheel (“in physical control”) and had presumably driven to the location.  Oral testimony was she was partly in a parking spot and partially in the lane of traffic.  [PSA: In Washington, DC, you cannot be “in physical control” of a vehicle if you have been drinking alcohol or consuming drugs.]

The case was as much about a balance or gait issue, or lack thereof, as anything else.  That said, the officer testified she was “unsteady” when walking and standing, but could not successfully pinpoint any place, really, in the Body Worn Camera (BWC) video where she had done so when pressed to pinpoint it.  Client had, wisely, REFUSED ALL Standard Field Sobriety Tests (SFSTs).  It was her right not to give the police ‘evidence’ to potentially use against her in a trial.  Gentle Reminder: #SayLESS; #DoLESS!  #LESSIsMORE!

Officer ______ further testified that she “slurred her speech”, but conceded during cross-examination that he had not recorded this in his official police report months earlier.

Government prosecutors argued that the client had handed the police her iPad and other stuff when asked for her driver’s license, except that it was evident that she was “pulling items from her bag” to get to the license that she, ultimately and without mistake, provided to the police.  All the while, bent over; not, at any point, using the ground for support; never leaning slightly, much more falling over.

*Client was sobbing and in tears the entire time, as she felt she was being accused of unauthorized use of the vehicle, due to the fact that the owner had “reported” the car stolen.  Owner, eventually, reported to the scene and clarified the situation by which time the police had called for a DUI certified officer and was in the midst of a full blown DUI investigation.

#HappyClient! Happy #DCLawyer! #ImDoneHere! We #Defend! | wellingtonlawdc.com | Attorneys in Washington, #DC & Maryland | #DCDUIAttorney #DCDUILawyer #WashingtonDCDUIAttorney #WashingtonDCDUILawyer #WashingtonCriminalDefenseLawyers #WashingtonDCTrialLawyers #MarylandDUILawyer #MarylandDUIAttorney