Subsequent Drinking Defense
To be convicted of Operating while Intoxicated, the State must prove that you were operating a vehicle while intoxicated. Under some circumstances, the consumption of alcohol after operating the vehicle can be a winning defense.
In Flanagan v. Indiana, an officer stopped to help a disabled vehicle. The officer did not know how long the vehicle had been sitting on the side of the road. The officer found the driver, Flanagan, who was intoxicated. The Court of Appeal reversed Flanagan’s operating while intoxication conviction because no evidence existed as to when Flanagan consumed the alcohol. The Court found Flanagan could have consumed the beer after the vehicle broke down and when the beers were all gone, he decided to walk to a nearby store and call for help.
With over 34 years of handling thousands of criminal cases, Steven Knecht is familiar with the possible defenses to operating while intoxicated offenses and other criminal charges. Few other attorney can match his trial experience and knowledge of criminal law and he can use that experience and knowledge to benefit you. If you find yourself having been arrested, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.