Which facts matter? And how would you brief this case?

Paul and Alexandra Pelosi were arrested and charged with driving while intoxicated. Paul was charged with a violation of La. R.S. 14:98, while Alexandra was charged under La. R.S. 14:98.6. Driving while intoxicated requires a person to operate a motor vehicle while he is intoxicated from either alcohol or drugs.

Could the accused be charged? Which facts matter????

1. Paul Pelosi is 36 years old.
2. Alexandra Pelosi is Paul's 15-year-old daughter.
3. Paul is divorced from Alexandra's mother Nancy.
4. Alexandra and her four-year-old brother Ray spend half of their time with their mom and half of their time with their dad.
5. During the week of June 29-July 5, Alexandra and Ray stayed with Paul.
6. On July 4, Paul, Alexandra, and Ray attended a Fourth of July party at his Paul's brother's home.
7. At the party, the kids played in the pool and with small fireworks, including snaps, smoke bombs, and sparklers.
8. The adults watched the kids and played spades.
9. Throughout the afternoon, Paul had three beers and two shots of tequila.
10. He also ate throughout the day: ribs, salads, fresh fruit, and cupcakes.
11. Before the fireworks began, Alexandra was allowed to have a celebratory shot of tequila as well.
12. The fireworks ended at 11 p.m.
13. As Paul, Alexandra, and Ray were about the leave the party, Paul said to Alexandra, "Do you want to try to drive home? I've got a killer headache, and if you can drive a stick, you can do it."
14. Alexandra said yes.
15. Alexandra got behind the wheel and adjusted the seat.
16. Paul put Ray in his booster seat in the backseat.

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LAW I and II Paul Pelosi DWI Case File Prof. N. Hazey

17. Paul got in the front, passenger-side seat.

18. Both Paul and Alexandra put their seatbelts on.

19. At 11:23 p.m., Louisiana State Trooper Ellen Moss was notified of a single-car

accident on Louisiana Highway 811.

20.The accident was reported by Barry Pellegrin, an ambulance driver who noticed a

vehicle in the ditch.

21. Pelligrin reported the accident, ascertained there were no injuries, and then

remained at the scene until the police arrived.

22.Pelligrin indicated that when he arrived, all three occupants were outside the car.

Paul was trying to comfort both Ray and Alexandra, who were both crying.

23. Pelligrin did not notice a smell of alcohol on Paul.

24.Trooper Moss observed a 2020 Tesla in the ditch facing away from the highway. 25. Moss concluded that the vehicle had been southbound before it left the roadway. 26. When Moss first spoke to Paul, she smelled the slight odor of alcoholic beverages. 27.According to Moss, Paul's speech was deliberate and his eyes were somewhat

bloodshot.

28.At the scene, Paul admitted to Moss that he had been drinking. He told her that he

had consumed "A few beers and a couple shots of Jose Cuervo" throughout the day. 29. Paul also told Moss that Alexandra had been driving.

30.Moss interviewed Alexandra.

31. Alexandra told Moss that she had been driving.

32. Alexandra said that she put the key in the ignition and started the car.

33. The car has a stick shift/manual transmission, so Alexandra had to manipulate the

clutch, the gas pedal, and the brake.

34.Alexandra told Moss that her grandfather, who is an amateur race car driver,

taught her to drive when she was about 10.

35. Alexandra told Moss that she had some trouble switching gears when she first got

started.

36.She said Paul, from the passenger seat, initially put the car in reverse while she

pressed in the clutch.

37. She said Paul also helped her shift from third to fourth gear.

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LAW I and II Paul Pelosi DWI Case File Prof. N. Hazey

38.Moss looked into the vehicle, and she noticed that the driver's side car seat was pushed almost all of the way forward.

39. The passenger side car seat was pushed all of the way back.

40.Moss estimated that Paul was 5 feet 10 inches tall.

41. She estimated Alexandra was no more than 5 feet 2 inches tall.

42.Alexandra told Moss that although she had a shot of tequila, the car went into a

ditch because a dog ran out into the road.

43.Alexandra said that she tried to swerve around the dog, and she ended up in the

ditch.

1. Moss administered a field sobriety test to Paul and Alexandra.
2. Both passed the test.
3. Both agreed to a breath test.
4. The test indicated that Paul's blood alcohol content was 0.09%, while Alexandra's was 0.01%.

48.Paul, Alexandra, and Ray were placed in the backset of the police cruiser. 49. They were taken to the police station.

50.Moss called Alexandra and Ray's mother, Nancy, to pick them up.

1. When the Mom arrived, she told Moss that even though Alexandra was young, she was a good driver.
2. Alexandra had driven a number of different vehicles on her grandfather's property throughout her life.
3. With her mom present, Alexandra answered a few more questions.
4. Alexandra said she was driving at 45 MPH, the posted speed limit.
5. Alexandra admitted not having a driver's license.
6. Alexandra also indicated that she had not taken driver's education and didn't have a learner's permit.
7. When asked why she thought her dad asked her to drive, Alexandra answered, "Because I had been bugging him all week, and he had a bad headache."
8. It was also revealed that Paul suffers from debilitating migraines, and he has been advised by his doctor not to drive when he has one.