On June 8 a client of mine was found not guilty of DUI and reckless endangerment. The Clark County District Court jury deliberated for 45 minutes before concluding that the prosecution did not meet its burden of proof beyond a reasonable doubt.
This case was contentious for a number of reasons.
The officer who charged the case indicated that he witnessed my client’s vehicle pulling into a parking space late at night. The business that owned the parking space was closed. The officer was concerned about what the vehicle was doing there and decided to investigate. Upon contacting the driver of the vehicle, the officer was concerned that she may have been drinking and conducted a DUI investigation. The officer’s partner noticed her toddler in the back of the vehicle in his car seat. After my client was arrested for DUI, she refused to take a breath test.
When I first met with my client, she laid out her side of the story. She is a single mother and full-time student. The day of the incident was her birthday. She and her son had gone to a small gathering of friends to celebrate her birthday. Other children were present and her intention was to stay the night. When she arrived at the house, there was no parking available. She was asked by the host to park in the lot across the street. After eating, and drinking a few beers, an argument arose between her hosts, and she did not feel comfortable staying the night. She knew that she was not OK to drive, but a sober person at the party told her that she would drive her, her son and her car home. My client returned to the vehicle, put her son in his car seat and was standing outside of the car when the police arrived. The arresting officer was short with my client and did not listen to her explanation.