San Diego criminal defense was recently contacted by a 22-year-old female arrested and charged with Driving Under the Influence. Our client was a college student with a medical condition that caused problems with her balance. After being pulled over for a simple traffic violation our client was suspected of smelling like alcohol and asked to perform a field sobriety test. Wearing flip-flops, standing on an uneven road, at night with a medical condition that causes balance problems, our client failed the field sobriety test and was arrested and charged with DUI. Our client immediately contacted San Diego criminal defense attorney Jessica McElfresh and explained her medical condition and the condition under which the field sobriety exam had been given after she was pulled over.
Our attorney was able to obtain the medical records of our client which proved the diagnosis that showed the impact the condition had on the balance of our client which impacted her performance on the field sobriety test. Jessica McElfresh also pointed out the physical condition of our client wearing flip-flops, the condition of the uneven pavement on the road and the fact the field sobriety test was done at night. Due to these circumstances, the District Attorney agreed to not file charges against our client and the case was dismissed.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.