Charged with DWI


The defendant involved in a wreck on a moped. The defendant was found by emergency responders beside the moped with injuries consistent with being involved in an accident. Defendant was transported to the hospital where law enforcement responded. Upon entering the hospital room officers smelled a strong odor of alcohol and the defendant admitted to drinking prior to operating the moped. The defendant was later charged with Driving While Impaired. Due to the manner in which the blood pooled on the ground, Mr. Marshall was able to argue that the blood results obtained at the hospital were not relevant to whether the defendant was impaired at the time he operated the moped. The defendant was found not guilty of Driving While Impaired.