Violation: DUI, DUI Enhanced (child under 16 in vehicle) and Reckless Endangerment
Result: All charges dismissed
Additional Case Details: Our client was charged with DUI, DUI enhanced by a child under 16 years old in the vehicle, and reckless endangerment. Client’s vehicle slid into a ditch on a narrow country road approximately 1/2 mile from his home. He walked home with his son to call a wrecker to pull it out of ditch. There was no damage to the vehicle. The client later realized he had taken the keys to the truck and walked back down the road with his son, believing the wrecker driver would need the key. Upon arrival, he found the police at his car and they began to question him about drinking and driving. Client admitted to drinking while at home, but denied drinking prior to driving. Client was arrested for the above listed offenses. Officer told district attorney that the client admitted to having just wrecked and that he had been drinking while driving, which he said was recorded on his police vehicle’s dash camera. The proposed settlement demanded a DUI conviction and jail time as a result of officer’s statements to prosecutor. After our repeated requests for the video tape on which the alleged confession was supposedly recorded, it was deemed “lost”. All criminal charges were dismissed against our client.