DUI Reduced to Intoxicated in Public and Won DMV Hearing
J.D. was contacted by police officers who were investigating a domestic disturbance. He was not in his vehicle when approached. J.D.'s parents had arrived at the scene prior to the arrival of the police. Police asked if J.D. had been drinking. All alcohol consumption occurred much earlier in the evening. J.D. was arrested for Driving Under the Influence of Alcohol.
There was no evidence that J.D. had driven the car to the location or when or how his car arrived near the scene. Time of driving could not be established by the evidence that was provided. Pursuant to a negotiated resolution, J.D.'s case was reduced from a DUI to being intoxicated in public - 647f of the Penal Code. I won his DMV hearing successfully avoiding any action against his driving privilege.