‘RHOA’ Kim Zolciak’s Daughter Demands Jury Trial In DUI Case
Kim Zolciak is facing more legal troubles within her family. The Real Housewives of Atlanta alum’s daughter Ariana Biermann has pleaded not guilty to six misdemeanor charges in relation to a DUI arrest from 2022. She has demanded a jury trial. Here is what she is claiming happened.
Ariana Biermann’s Lawyer Argues 4th Amendment
Ariana Biermann was arrested on August 13, 2022, in Forsyth County. An officer from the County Sheriff’s Department carried out a traffic stop after she hit another car. Her boyfriend, Hudson McLeroy, was also taken into custody at the time.
The reality TV star’s lawyer Justin Spizman is arguing that there weren’t “sufficient facts” to support any suspicion that Ariana may have been under the influence “or that any other criminal activity was underfoot.”
Before she was arrested, her lawyer said that she hadn’t committed any traffic violations. “[Ariana] further shows that this initial detention was an unlawful warrantless seizure, not supported by probable cause or articulable suspicion, violating [Ariana’s] rights under the Fourth Amendment to the Constitution of the United States,” her lawyer continued.
In Touch Weekly obtained court documents that stated the 22-year-old requested the court toss out any evidence she believed could be used against her. She wants all “illegally obtained” evidence to be thrown out. Kim Zolciak’s daughter has also asked that evidence from her field sobriety tests not be used because she feels the officer wasn’t properly trained.
Kim Zolciak’s Daughter Faces 6 Misdemeanor Charges
Earlier this month, it was reported that Ariana Biermann was facing six misdemeanor charges. The charges include driving under the influence of multiple substances, DUI with alcohol, possession of a drug-related object, failure to obey signs, improper lane change, and underage alcohol possession.
When she was pulled over, Ariana insisted that she hadn’t been drinking. However, police officers said they smelled booze on her. The RHOA daughter admitted to smoking a THC vape pen “the night before.” That aside, she consistently denied drinking.
During her field sobriety test, Kim Zolciak‘s daughter had a “noticeable sway,” according to the officer. This ultimately led to her arrest.
Her lawyer addressed the arrest saying, “Ariana was involved in a minor fender bender. When police arrived on scene, the investigating officer immediately initiated an investigation for DUI. Despite Ariana’s constant invocation that she was upset and anxious from the minor accident, the officer incorrectly concluded she was impaired by alcohol.”
He continued, “That was not the case. She wholly denies these allegations and intends to fight these charges because she is not guilty of them.”
Ariana Biermann isn’t the only one in the family facing legal trouble right now either. Her older sister, Brielle, is being sued over an alleged car accident earlier this month as well. She denies that she was even in the state of Georgia at the time of the incident.
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