Trial Setting Dismissal

Summary: 0.169 Breath Test AND Car Accident! This client was on her way to Whataburger after a night out with friends and hit the median curb on the way.  Her tire and axel were damaged and had no choice but to call a tow. The Tow truck driver called the police for suspicion that the client was DWI (the majority of tow truck drivers will do this so they can financially get the tow of the vehicle as well).  When police arrived, they notated all the classic signs of intoxication (i.e., slurred speech, a strong odor of alcoholic beverage, red glassy eyes, unsteady balance). It was also notated she failed all sobriety tests and submitted to a breathalyzer test that resulted in a 0.169 breath alcohol content. Because this was her second DWI arrest, the prosecutor was not adamant about entertaining a dismissal so we set the case for a jury trial.