The Philadelphia DUI Law Blog

Altoona Woman Tries to Avoid DUI by Stripping Down

Give her points for creativity. Monica M. Barnhart, 40, of Altoona, was arrested for DUI, despite her best attempts to distract the officer from her alleged criminal offense, reports the Altoona Mirror.

The officer was responding to a neighbor’s call regarding the woman’s driving. She had apparently been driving at over 90mph on the interstate and swerving across lanes. A concerned neighbor followed her and alerted the cops to her location. The Mirror reports that when the officer arrived, the woman answered the door in a green top and underwear. She handed the officer two roses and stated that she wished to entertain a cop fantasy.

Unfortunately, the cop did not wish to entertain anyone.

The officer took her to a local hospital, where Barnhart was found to have a blood alcohol content of 0.356.

She has since been charged with driving under the influence and a few other miscellaneous traffic offenses.

Barnhart's strategy should prove to be interesting. She allegedly admitted to driving the Monte Carlo but told her lawyer that she was innocent. If enough time had passed between when she was seen speeding and when the officer came to her door, she might be able to claim that the alcohol was imbibed after arriving. The situation creates a somewhat interesting chain of custody type of argument.

Ordinarily, when someone is pulled over, there isn't enough time to taint the BAC evidence by drinking more or puking out one's stomach contents. With Monica Barnhart, she was alone in the house for at least a short time. Proving that her BAC at the time of driving was over 0.08 is made slightly more complicated by that fact.

Remember that the crime is driving with a BAC of over 0.08 at the time of driving. If her BAC is measured an hour later at 0.356, but she stopped at this house and did seven quick shots of Jose Cuervo, then her BAC at the time of measuring would be high, whereas it might have been less than 0.08 when driving.

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