when it rains it pours. According to RadarOnline Kim Zolciak’s daughter Ariana was arrested for driving under the influence in Georgia.
She is now demanding that prosecutors not be allowed to use evidence “illegally” collected during her DUI arrest during her trial.
According to court documents obtained by RadarOnline.com, 21-year-old Ariana said all evidence “gathered after the initial stop and detention of” her car should be excluded from being used against her.
The then 20-year-old was pulled over while driving in Forsyth County after hitting another vehicle.
While speaking to police, Ariana denied drinking alcohol but admitted to smoking a THC vape pen the night before.
The official police report noted officers said they could smell alcohol on Ariana’s breath and even on her clothes.
Ariana was taken into custody after cops said she had a “noticeable” sway during her field sobriety test.
Ariana was booked on 3 charges — misdemeanor DUI, misdemeanor improper/erratic lane change, and underage alcohol/possession/purchase of alcohol.
Sources told TMZ that Ariana bailed out of jail hours after being booked.
In her new motion, Ariana said at the time of her initial detention, “sufficient facts did not exist to support even an articulable suspicion that Defendant was under the influence of alcohol or drugs, or that any other criminal activity was underfoot.”
Ariana said she had not committed any traffic violations prior to being detained by law enforcement.
Ariana argued that her initial detention was an “unlaw warrantless seizure, not supported by probable cause or articulable suspicion, violating” her rights under the Fourth Amendment of the Constitution of the United States.”
Her motion demanded the court exclude the evidence “illegally obtained” and to direct prosecutors and the state’s witnesses to not use, mention or otherwise refer to such evidence at the trial.
In addition, Ariana said she wants any talk of her refusing to take a chemical test at the scene to be excluded. She argued her refusal was justified, “because the machine on which” she “was to be tested was not being operated with all its electronic and operating components as prescribed by its manufacture properly attached and in good working order.”
Further, she asked that any evidence of her field sobriety tests be dismissed.
Her lawyer argued the officer who performed the test was not properly trained and therefore the test is invalid.
A judge has yet to rule.
