October 2013 Driving While Intoxicated / Driving Under the Influence 2nd Offense
A motorist was charged with second offense DUI/DWI which had a mandatory jail sentence. State Police received a report from AAA that a disabled vehicle was observed in the breakdown lane of a freeway. State Police responded to the vehicle and upon arrival approached the disabled vehicle. The vehicle was shut off. The motor was not running and the lights were not on. There was a man sleeping in the driver seat behind the steering wheel. The Trooper knocked on the window repeatedly but the man was not responsive. After some additional knocking and shining of a flashlight into the car the man woke up.
Rather than quickly roll down his window for police the man ignored the Trooper and appeared to sing and play the drums on his steering wheel. The Trooper ordered the man repeatedly to roll down his window. He ultimately complied and explained to the Trooper that his car had run out of gas. The man hesitated to provide his license registration and proof of insurance as the Trooper requested and was partially uncooperative.
The man also told the Trooper that he was a Soldier did not do anything wrong and should be left alone. The man further offered that he was out at a club earlier in the night had been drinking left the bar to get some food dropped a friend off at his home and then ran out of gas on his way home. During this exchange the Trooper observed the man unsteady on his feet to have slurred speech bloodshot eyes and an odor of alcohol emanating from his breath.
The man also submitted to and failed a field sobriety test. Based on these collective factors the Trooper took the man into custody and arrested him for DWI/DUI 2nd Offense. The motorist retained Attorney John L. Calcagni III to represent him in this matter.
Attorney Calcagni argued that because the car was not running when the Trooper arrived and there was no evidence of timing between when the man allegedly consumed alcohol and operated the vehicle the legal element of operation at the time of intoxication could not be met. Based on this argument Attorney Calcagni successfully negotiated for the dismissal of this case against his client thereby saving him from a potential mandatory jail sentence.
Criminal Case Result:
- Driving While Intoxicated / Driving Under the Influence 2nd Offense: Dismissed