State v. John Doe

Defense Counsel:

Charges: Criminal Damage to Property (Felony); Obstruction of an Officer; DUI

State’s Case:

The accused drove recklessly, damaged his car, and was seen driving erratically by a concerned citizen. When police found him sitting in a parking lot, they performed a DUI assessment. He failed the horizontal gaze nystagmus test. When attempting to arrest the accused, he did not comply, got verbally and physically aggressive, tried to escape, and then kicked and damaged property inside the police cruiser. If convicted he faced up to 12 years in prison.

Judgement:

The accused had a lifetime of emotional and physical trauma, had been diagnosed with PTSD and a traumatic brain injury. He told the investigating officer that he had been run off the road, that he had a head injury, and that he did not think he could perform field sobriety testing. He also provided the officer with an information card about his PTSD and that had been sober for 7 years. His therapy dog was in the car and had been injured too. When the officer did not listen and tried to arrest him and another officer tried to take his therapy dog into custody, the accused had a PTSD break. On the morning of motions hearings to determine whether the court should dismiss the case, the state dismissed the DUI and the obstruction charge. The accused entered a plea to Failure to Maintain lane.