Stand up comedian, Kevin Hart, made no jokes about his DUI and resisting arrest charges back in April, in fact he told the truth during the arrest, admitting he was drunk driving!
Allegedly, Kevin was pulled over by police for racing along LA highways at speeds of 90 mph and almost colliding into a gas tanker. He was pulled over and arrested for DUI after failing the DUI field sobriety tests, blowing a .15 breath test result (almost twice the legal DUI limit) and outright telling officers he was drunk!….Silly man, he shouldn’t have convicted himself like that, but I guess there is always something to be said about telling the truth.
In an interview, Kevin said he was charged with resisting arrest because he requested to remove his expensive gold watch from his wrist before officers handcuffed him. Officers felt Kevin wasn’t being compliant and charged him with resisting arrest…..no wonder cops are called bad names, if they were in the same situation I’m sure they wouldn’t want their $$ blingin watch scratched either.
Yesterday, funny man Kevin took responsibility for his first DUI charge and pled no contest. He was sentenced to 3 months of DUI alcohol education classes and 3 years of probation.
MTV’s “Teen Mom” reality star, Farrah Abraham, age 21, was arrested and charged with DUI (driving under the influence) last Monday at 1 in the morning. When police asked Farrah to perform the DUI breathalyzer test, she failed repeatedly until one test finally read .147, almost twice the legal DUI limit in Nebraska. Days later, Farrah spoke out to InTouch defending herself, ““Because I’m sick, I could not give an accurate breathalyzer test, due to coughing and shortage of breath.”
Farrah, mother of 4-year-old Sophia, who had been celebrating St. Patty’s Day with her sisters by sipping on some good ol drinks, wanted to go home around 12:30 AM. Her sisters didn’t want to leave, so Farrah decided to go get the car from the parking lot and pick them up at the front door. According to officials, Farrah made an uncontrolled wide turn and almost rear ended a police cruiser. Police pulled Farrah over and asked her to take the DUI breath test and to perform the DUI field sobriety tests, both of which Farrah failed.
Farrah is adamant that she was not DUI that evening. She continues to believe in magical shamrocks and leprechauns and that she failed the DUI breath test due to illness and flu-like symptoms.
Farrah’s “Because I”m sick..,” defense is not reasonable. Medication could have a slight effect on the DUI breathalyzer’s reading but nothing to the extent of a high reading such as .147. Farrah was most likely DUI, end of story!
It’s unfair but true you can be charged with a DUI in Seattle, in fact, everywhere in Washington State while having a DUI breath test result under the legal limit of .08. RCW 46.61.502 defines a driver as being guilty of DUI if the person drives a vehicle within this state “while under the influence of or affected by intoxicating liquor..” Affected by intoxicating liquor?! What does this mean?
It means the prosecutor can still charge you with a DUI. Every person reacts differently to alcohol and less amounts may “affect” a person’s ability to drive even while having a test result under the DUI limits. A person charged with a DUI with a breath test under the legal limit will be facing the same penalties of a person with a breath test ranging from .08 to .15 with all other factors being similar. As a result this type of case should be taken as seriously as a DUI case with a breath test above the legal limit.
Unless something extraordinary happened I don’t believe any driver should be charged with a DUI if that person blew under the legal limit. Especially when the state puts on TV ads about DUI/drunk driving and posts signs all over the road showing the legal limit of .08. It’s misleading.
I have represented several people charged with a DUI while blowing under the legal limit. Fortunately for those clients we were able to resolve all those cases very well.