The next client of mine was a teenage girl who had had a dinner with her friend in a restaurant and before driving her home drunk a drink there. While she was driving, a moose jumped out into the road. Trying to prevent hitting the moose, the girl hit the concrete thread, doing damage to her automobile. After the accident she left the car at the scene and was brought to her friend’s house by the neighbour of her friend. At her friend’s, she phoned her family and informed them about the accident. Her mother drove to her friend’s house to take her up and her father drove immediately to the scene of the accident. Finally, the girl arrived back to the scene in more than an hour after original collision.
Who is the best russian girl or ukrainian girl? My client explained to the police officer that she turned off the road and hit the thread to prevent hitting the moose and answered in negative on his question whether she had consumed alcohol. Then the officer offered her the field tests that moved her to indignation as she was already unbalanced about the whole affair. The girl wished to take an independent blood test instead of blowing into a breathalyzer but she was refused by the officer. Being frightened of losing her licence for one year she felt she had no choice. She was detained and in a while took the Intoximeter 3000 test that showed 0.16 grams on two tests.
I was hired to represent the defendant in a bench trial before the Recorder’s Court judge. During the trial I proved that the officer did not read Miranda warning to the defendant before offering her field tests even knowing that she was non-adult. Also the officer did not know whether the defendant was the person who drove the car, at what time the accident occurred and how much time passed since that moment. In addition the officer had no cognizance of whether the defendant drank alcohol prior to the wreck. It seemed that the officer has found a girl containing alcohol in her breath and on the ground of that just judged hastily of her being unable to prove anything at trial.
As a result, my client was declared not guilty of driving under intoxication.