A Lincoln County man was facing loss of his driving privileges for having a blood alcohol content over the legal limit. The man had a hearing impairment and therefore spoke in a very distinct tone which, to the ordinary person, made him sound like he had been drinking alcohol.
At the hearing for his driver license revocation, Mr. Muhlenkamp walked the man through his lifelong condition and highlighted that law enforcement never bothered to ask him if he understood the questions or whether he had any physical impairments. The driver testified that he could not understand the officer because she spoke very quickly and did not maintain constant eye contact with him when she spoke. This was necessary for the man to understand her, as he had to read lips.
After a full hearing on the matter, the Court agreed that there was no probable cause to believe the man was driving while intoxicated based on the details Mr. Muhlenkamp presented. The Court reinstated the man’s driving privileges immediately.
May 21, 2015