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Empathy not hard to come by in this DUI-related tale

Put yourself in this woman's shoes.

You're dutifully stopped at a red light in an intersection. Suddenly, your day takes a rather material change in course.

Getting slammed into from behind by another motorist traveling about 30 miles per hour will do that.

Moreover, it will likely leave you feeling more than a bit disoriented.

That was certainly the case in the real-life story of a Utah driver who, following a jarring smash from behind, still had the wherewithal to call 911.

A police officer soon arrived at the scene -- and arrested her for drunk driving. He stated in a report that she "was unable to stand still and seemed to be making jerky movements."

Most North Carolina readers of our blog might offer up an opinion that a few concessions should reasonably be made to a driver who could have been killed just moments before.

The woman says she was shocked.

"Who arrests a sober person for DUI?" she queried later.

It is uncontested that the male officer conducted a body search that included checking her breasts. She objected to her treatment and was ultimately handcuffed, being criminally charged with resisting arrest in addition to driving drunk.

Those charges remain intact, despite tandem blood tests administered by police and a local hospital, respectively, that registered a zero blood-alcohol reading.

Understandably, the woman is fighting those charges, with her attorney contending that the officer lacked probable cause to even suspect she had been drinking prior to driving and thus to subsequently subject her to any type of search at all.

If there is an instructive quality to the story, it is certainly this: Things can -- and do -- go wrong for motorists in their interactions with police officers, with outcomes sometimes being manifestly unfair if not unlawful. Any person with questions or concerns regarding a police stop/arrest for drunk driving or any other reason might reasonably want to contact a proven criminal defense attorney without delay.

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