Greg's Story (City of DesMoines v. Greg)
Outcome: DUI reduced to Negligent Driving in the First Degree - No Jail.
Description: According to the police report, Greg was arrested in the Jack In The Box drive through. He fell asleep at the wheel of his hummer and the officers had a difficult time waking him. He showed signs of intoxication according to the officers, who also removed a gun from the center console. He did not perform field tests but instead asked for an attorney. This apparently puzzled the officers who later discuss the invoking of Gregs rights later on the video camera. They agree that its invoking his right to counsel. The officers were nervous and throughout the situation feeling their guns in their holsters when asking questions. Officer tapping the gun when asking questions.
The officer asked, "do you want to do some voluntary field sobriety tests?" Greg answered, "I'd like to call my lawyer if I could." "At this point its voluntary and its up to you," the police responded. "Its either a yes or a no," the officer said. "What would be amazing is if you guys would park my car and just let me walk home. I live right accross the street," Greg said. The officers took that as a "no" answer and since they could smell alcohol and observe glossy eyes and Greg was asleep in the car they incorrectly concluded that he had committed a crime - DUI. The officer open Gregs door and tells him to hop out and placed him under arrest for DUI.
The City Prosecutor filed DUI (Physical Control) charges against Greg.
---The names have been changed to protect the innocent. We choose a fictitious name to represent a real person.
Practice area(s): DUI / DWI