Mark's Story (City of Seattle v. Mark)
Outcome: Seattle .13 DUI reduced to Reckless Driving in the First Degree - No Jail.
Description: According to the Seattle Police Departments report, Mark was involved in a collision with a tree. The officer spoke to witnesses and Mark, on whom they observed standard signs of alcohol intoxication. Mark admitted to driving and failed the standard field sobriety tests. After being cuffed and placed in the squad car Mark was taken to the precinct where he provided breath samples that measured by the BAC DataMaster were .136 and.136 grams per 210 liters.
The prosecutor wanted him to serve some jail time and loose his license, which would have affected his job. We filed motions challenging the officers belief that he had probable cause to stop and arrest Mark. The prosecutor offered to resolve the matter with a reduced charge and no jail.
---The names have been changed to protect the innocent. We choose a fictitious name to represent a real person.
Practice area(s): DUI / DWI