Martha's DUI Case Result (State of Washington v. Martha)
Outcome: DUI Charge reduced to Reckless Driving with no jail. Thirty six hours of community service ordered
Description: According to the trooper's report, one summer night in 2012, at 1:20 am the Washington State Patrol Trooper observed Martha driving in excess of the speed limit, 44 in a 30. The Trooper reports that he activated his lights and Martha made a right turn and struck the curb before stopping the car on the right shoulder. During the personal contact Martha was cooperative, had poor coordination, was dressed in an orderly fashion and but had no shoes for the physical tests.Martha's eyes were watery, droopy, and bloodshot. She had normal facial color, but a strong and obvious odor of alcohol plus slurred speech. The trooper asked her what the hurry was and she asked if she was speeding. The trooper asked if she knew the speed limit was 30, and she stated no, she didn't, and she was probably going 40. The trooper could smell strong odor of intoxicants coming from vehicle and Martha.
The Trooper asked Martha how many drinks she had and she stated 3. Martha agreed to perform the roadside Field Sobriety Tests and the Portable Breath Test. On the Horizontal Gaze Nystagmus she had six of six clues (failed). Martha had poor balance on the One Leg Stand Test. Martha did not perform the Walk and Turn Test and had slurred speech on the ABC test. Martha gave a breath sample on the portable device of .174 before she was taken back to station for the evidentiary breath test. She gave two samples - .152 and .151. Martha was released to her husband and a taxi.
The case was reduced because the officers version of events was found to not be credible and we filed motions to dismiss for constitutional violations.
---The names have been changed to protect the innocent. We choose a fictitious name to represent a real person.
Practice area(s): DUI / DWI