DUI REDUCED to Reckless Driving – State v. Mr. S. (DMC No. 7175) (McDowell Mountain Justice Court No. TR2006-173848): Police were called by a Civilian that reported Mr. S running a red light, then pulling off the road suddenly and stopping. When police arrived the Civilian Witness was there, and Mr. S was still behind the wheel of his car. He appeared to be impaired by alcohol and he told the officer’s that he had pulled over in order to “sleep it off”. Because a Civilian had actually seen him driving, the affects of a Corpus Delicti and lack of Actual Physical Control defeense were greatly diminished. Even though Mr. S had 3 prior DUI’s and 1 prior Reckless Driving, we were still able to secure a Reckless Driving Plea which involved no jail time.
