A lawyer in Virginia recently got his client acquitted of DUI as the reason
the driver was pulled over was because of "three or four flat tires
" on the driver's car. It turns out the the tires were not
technically flat, they were all just very low on air.
The prosecution argued that the police have a "custodial care" duty for
the community to protect it from hazards, such as a car with a low tire
pressure that "may cause an accident." Upon cross examination of the
arresting officer, it was determined that there were no other cars in
the vicinity of the driver and he therefore was posing no hazard to anyone.
The judge acknowledged that there is no community caretaker authority
invested in the police and the jurors decided that low air pressure in
tires is not sufficient grounds to make a traffic stop. That being said,
never operate a vehicle under the influence of a substance. If you live
in Burlington, Essex, Colchester, Winooski, Williston, Shelburne or
anywhere in the State of Vermont, and have been arrested or charged with
DUI or any crime, call Handy Law for aggressive and experienced legal