An elderly veteran with no prior criminal history came to Erika Valcarcel after being arrested for DUI. He was found unconscious in a single-car DUI accident. His blood was taken, and his BAC was found to be above the legal limit. The man was facing license suspension, serious fines, and all the trappings of a DUI conviction.
Attorney Valcarcel reviewed the case and obtained the medical records, showing that he was in and out of consciousness when his blood was taken. Therefore, she argued that her client was unable to knowingly consent. Her argument successfully led to a motion to suppress the blood results. Based on this, the prosecutor agreed to reduce the DUI to a reckless driving charge, under the condition to complete 25 hours of community service.
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