Another big DUI victory for Taracks & Associates. Our client was a college student who had a minor fender bender in a parking garage. Police were called and client failed field sobriety exercises and blew a .156,152. A video of the field sobriety exercises was provided in discovery and supported the State's contention that the defendant was indeed impaired by alcohol on the night in question.
However, after meeting with the client and discussing the pros and cons of the case, it became apparent that the client had a defense to the charge of DUI. That defense is one that is rarely available to most people charge with DUI: the defense of necessity. The law allows a person to claim that defense when they are faced with the predicament of staying in a perceived dangerous situation versus leaving the area to get away from said conflict.
After providing the State supporting documentation and numerous discussions with the prosecutors, the State agreed to amend the charge to a reckless driving and avoid a conviction for DUI. If you or a loved one is faced with an arrest and need answers, please feel free to contact an attorney at Taracks & Associates for a free consultation.