Kate’s Client Receives Petty Misdemeanor Speeding Ticket When Accused of Underage Drinking and Driving

Kate’s client was driving her friends home after a night out. She was pulled over for speeding. The state trooper who pulled her over asked if she had been drinking. Kate’s client said no. The state trooper stated she smelled alcohol from the vehicle. Kate’s client and her friends said that she was the designated sober driver. The trooper asked Kate’s client out of the vehicle and had her perform field sobriety tests and take a preliminary breath test. Subsequently, Kate’s client was charged with Underage Drinking and Driving and Speeding. At the time of the offense, Kate’s client was in the process of applying to a university in Europe. To be a full-time student, she had to obtain a student visa. Kate’s client was concerned this criminal offense would result in a denial of her visa application. Kate challenged the expansion of the stop, arguing the state trooper did not have reasonable suspicion to ask her client to exit the vehicle and have her perform field sobriety tests and take a preliminary breath test. Ultimately, Kate was able to negotiate the dismissal of the underage drinking and driving charge and her client pleaded guilty to the speeding violation. Since a speeding violation is not a criminal offense, Kate's client was able to proceed with her visa application with no concerns.