Commonwealth v. A.H.

Police allege that after responding to reports of an unconscious person, they observed A.H. passed out behind the wheel, with the car running and in drive, his foot being on the brake. After being awakened, A.H. allegedly started “dancing in his seat”, had a strong smell of alcohol on his breath, extremely slurred speech, and he almost fell twice while being walked to the police car. A.H. failed a breathalyzer test at the police station and was subsequently arrested for DUI charges. At trial, the defense challenged police credibility, arguing that A.H. was verbally abused by the officers, who also illegally searched his car. Because A.H. had the audacity to challenge the authority of these rogue officers, they fabricated the part about A.H. being behind the wheel.