Daniel Hynes

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Teen mom star arrested for DUI

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There have been a lot of celebrities arrested for DUI lately. This case is interesting in some of the potential "defenses" the person has tried arguing.

http://www.tmz.com/2013/03/20/farrah-abraham-arrested-dui-teen-mom-mtv/

"Farrah blew a .147 -- nearly twice the legal limit, according to the police report.

She went on TMZ Live days after the arrest and claimed she did nothing wrong -- that people had been feeding her drinks ... she was "put in a bad situation" by her sister ... was only re-parking her car ... she had a sober friend with her ... plus she had a bad cough and couldn't blow properly."

If her State is one that requires a public way element to DWI, then parking a car, might be a defense if she was on private land. Put in a bad situation, sounds like a poor defense, but at some point, someone can argue competing harms. For example, if you are driving to a hospital, that might be justifiable DWI (In hundreds of cases, I have never presented a justifiable DWI defense, so it is incredibly rare). Finally, many things can affect the result of a breath test. Not sure how having a sober friend with her is any sort of defense (if anything it could make the situation worse). Instead of arguing a bad cough, a better argument would be that she consumed couch medicine with contained alcohol. Overall, I am guessing her lawyer is not very happy about her making these statements. If you are arrested for DWI, please exercise your right to remain silent until you speak with a lawyer.

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Guest Saturday, 24 October 2020