Drunk driving arrests may occur under a wide range of circumstances. Most commonly, an officer will spot a driver who has violated a traffic law or who appears to be under the influence, trail them, and eventually pull them over. In other instances, a driver may be the victim of an accident, or cause an accident. In some cases, erratic or strange behavior may draw attention to a driver and other motorists on the road. In a recent case, an Alabama man was pulled over for allegedly driving outside of his lane. When officers pulled him over, it turned out, he was allegedly under the influence of prescription medication and-completely naked.
In any DUI case, officers must have probable cause to make a stop. Drivers do not realize that officers are often collecting evidence to be used against them even before they are pulled over. Once the stop takes place, officers will continue to collect evidence, track your behavior, things you say, and document any information that can be used to prove you were under the influence. In this case, the defendant's driving naked, evidence of drunk driving, as well as the prescription drugs found in his car be used as evidence to bolster the prosecution's case against him. Our Birminghamdrunk driving attorneys are experienced in providing strategic defense to drivers charged with DUI. We are committed to ensuring our clients get aggressive defense to level the playing field in the Alabama criminal courts.
According to police statements, the 26-year-old driver was stopped around midnight after an officer noticed that he was traveling in both the north and southbound lanes on Highway 67. When the officer approached the vehicle, he noticed that the driver was not wearing any clothes. He was also allegedly unresponsive to the officer's line of questioning regarding his behavior and the stop. The officer attempted to have the driver perform a field sobriety test, but states that the driver could not perform any of the requests. Officers also allege that there were nine types of prescription medication in the vehicle.
Ultimately, the driver was charged with DUI and two counts of possession of controlled substance for the Clonazepam and Lorazepam found in the vehicle. In addition to these charges, the driver is also facing theft charges in another county after police alleged that the drugs had been stolen from a home earlier in the day.
It is always important that an experienced defense attorney analyze the details and circumstances of an arrest. In reviewing the evidence, a defense attorney should review whether blood-alcohol tests were properly administered; whether a driver's 4th Amendment rights were respected; and whether the alleged prescription medications are controlled substances. Though surface facts of the case may seem obvious or difficult to defend, every detail of a criminal matter is important. Every detail should be scrutinized to ensure that police followed protocol and that the defendant gets a fair opportunity in court. Even if a defendant is “guilty” of the crime, a defense attorney can ensure that he or she is not overcharged or unnecessarily penalized.
Contact Birmingham DUI defense lawyer Steven Eversole at (866) 831-5292.
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Report: Diabetic Shock Mistaken for DUI by Police, Aug. 3, 2013, Jefferson County DUI Lawyer Blog
Birmingham DUI Arrests Spike During Football Season, Aug. 11, 2013, Jefferson County DUI Defense Lawyer Blog