Fountain Valley DUI Driver Wets Himself During Field Sobriety Tests
A Fountain Valley man, Davin Palitz, was stopped in front of a Newport Beach restaurant on suspicion of driving under the influence. Palitz says he was just waiting for his car at the valet station when police stopped him. Police claim that they had received a call that someone was driving drunk so they stopped Palitz as he was pulling into the restaurant. He had a .18% blood alcohol level at the time of his arrest. At trial, nobody testified that he had been driving, but he was still convicted of a DUI and was sentenced to jail time, an alcohol program and probation.
A good attorney would argue that since no one testified at trial that Palitz was driving, he should not have been convicted of a DUI.
The humorous (albeit sad) part of the story was that during the field sobriety tests, he told officers he needed to use the restroom. As is common police procedure in every city, including Laguna Hills, Fullerton or Irvine, no one can use the restroom until they are taken to jail. The rule is such because suspects may have to take a urine test in jail so officers can get an accurate blood alcohol level reading. Palitz asked several times if you could use a nearby restroom but could not hold it any longer and wet himself during the tests. He claims he is going to sue the city for $100,000 for the pain and suffering he was put through by the officers.