Client’s unoccupied vehicle was found with engine running and driver door open in a residential area. Client had passed out in a yard in a highly intoxicated state. After struggling for several minutes to wake client, police were able to obtain statements indicating that client had operated the vehicle. Client was transported to emergency room and where blood testing showed alcohol concentration of 0.259, more than three times the legal limit of 0.08. Attorney Segura informed the prosecutor that he would be taking the case to trial as there was no evidence that Client had driven vehicle on night of arrest or while he was intoxicated. Prosecutor dismissed all charges after Attorney Segura told the judge he was ready for trial.