Case Overview

The client was indicted for driving while intoxicated (Blood Alcohol Level : 0.170%).

At that time, the client called a designated driver to go home after a dinner party. When he saw the driver using cell phone while driving, the client complained and that led to an argument. Out of sudden, the driver stopped and left the car angrily. The car was stopped about 60m before entering the service area. Due to this, there was a great disturbance of the traffic flow. Also, there were no street lights on the site at the time, so it was a dark place where you could hardly see any lights. When the driver left the vehicle, the client called the call center and informed them that there was an urgent situation, and requested a new driver. The client waited for about 20 minutes. He got worried and thought a major accident could occur if the new driver will not appear any soon. He had no choice but to drive his car directly into the parking lot of the service area (since it was near), and contacted his family. Then he fell asleep while waiting in the car. Meanwhile, the previous driver watched the client secretly and reported him to the police (for drunk and drive). At the end, the client was charged with driving under the influence of alcohol.

Law-Win assistance

The appointed lawyer prepared detailed defense by securing a dash camera of the client.

The car was stopped in the middle of highway that there was a significant risk of a collision accident such as hitting the vehicle for not noticing the car being stopped and the designated driver did not take any action to prevent the potential accident after stopping the car. The location was obviously a very dangerous place that the client had to get away from there. In addition, at the time of arrest, the client was not in a state of intoxication and could clearly speak. In this case, moving the car to the service area close by was the only way for the client to be safe and avoid accident since he could not get a new driver at midnight.

Outcome

With Law-Win defense, the court resulted in acquittal and acknowledged this case as emergency evacuation. In addition, the administrative disposition that was given to him was successfully resolved.

Ahn Ji-sung, attorney specializing in criminal law