Miami, FL- Prosecutors dropped the drunken driving charges against Tracy Wilson-Mourning, an entrepreneur and wife of former Miami Heat player, Alonzo Mourning, after they could not prove beyond a reasonable doubt she was guilty.
Instead of trying to proceed with the original DUI charge, prosecutors reduced the charges to careless driving Wilson-Mourning will be required to do 50 hours of community service and participate in a class that which focuses in the dangers of drunk driving, the Miami Herald reported.
Wilson-Mourning was arrested for DUI in February after she was pulled over for speeding and making an improper turn and weaving in her driving lanes.
She was driving her Porsche Panamera 48 mph in a 20 mph zone on Southwest 37th Avenue when an officer spotted her and began following her. The officer report stated that Wilson-Mourning was traveling 38 mph when she turned onto Ingraham Highway. While on the highway she was sill speeding and began to weave in out of her lane.
She was pulled over and winked at the officer and said, “I was going fast, wasn’t I?” the affidavit said.
The arresting officer noted in his reported that Wilson-Mourning had bloodshot eyes, alcohol on her breath and slurred speech. He then asked her if she had been drinking, but she denied that she had, stating that she had dinner with “some amazing friends.”
After field sobriety tests, the officer placed Wilson-Mourning under arrest. She refused to take a breathalyzer on the scene and also refused one at the police station once she realized she would be booked from drunken driving even if she refused the test.
So how did she beat the charge?
Well, for one, she had an incredible DUI attorney. Secondly, she did not give police or prosecutors the evidence they needed to convict her. The only solid evidence they had was her refusal to take the breathalyzer test.
“The strongest evidence the state had was the defendant’s consciousness of guilt – in the fact that the defendant refused to submit to an intoxilyzer examination,” the closeout memo said according to NBC Miami.
The memo also noted that Ingraham Highway was a winding road with narrow lanes and made note of the fact that Wilson-Mourning was “lucid” and polite while at the police station. The fact that she did not admit to drinking that night also helped her beat the conviction. The memo concluded that they did not have enough evidence to prove beyond a reasonable doubt that Wilson-Mourning was intoxicated at the time of her arrest.
Testimony from witnesses, who said she had one glass of wine eight hours before her arrest and drank only water afterward since she was the designated driver, also bolstered her defense.
Wilson-Mourning made a few good decisions that night, which helped her avoid conviction, but her best decision was to hire an attorney to work on a strong and effective defense strategy.