State v. PD

The client was charged with DUI for the second time in 5 years. Client reported a hit and run accident by another vehicle after leaving the scene and driving to his home. The officers came to his house and the client later admitted that he had a struck a guardrail and no other vehicle had been involved in the accident.  Police arrested him for DUI after they smelled alcohol and administered field sobriety evaluations which the client failed.  The DUI charge was reduced to Reckless Driving because there was no evidence that the client had been drunk when he had been driving earlier in the night – it could not be proven that he did not begin drinking once he had arrived at home since there was a 2 hour delay between the accident and the officers arriving at the client's home.