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Kim Zolciak’s Daughter Ariana Claims Cops ‘Illegally’ Obtained Evidence During DUI Arrest, Fights Charges
Real Housewives of Atlanta alum Kim Zolciak’s daughter Ariana Biermann pleaded not guilty to the six misdemeanor charges brought against her and demanded a jury trial, In Touch can exclusively report.
According to court documents obtained by In Touch, Ariana, 22, asked the court to throw out evidence she believes the prosecutors will use against her.
Her lawyer claimed that Ariana was arrested on August 13, 2022, after a Forsyth County Sheriff’s Department officer initiated a traffic stop.
Ariana’s lawyer argued that at the time of the initial detention, “sufficient facts did not exist to support even an articulable suspicion that [Ariana] was under the influence of alcohol or drugs, or that any other criminal activity was underfoot.”
Her lawyer said that Ariana did not commit any traffic violations prior to being detained by law enforcement. “[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 said.
She asked that any “evidence illegally obtained” not be used in the trial.
Ariana also asked that any evidence from the field sobriety tests be tossed over her concern that the officer may not have been properly trained.
The prosecutors have yet to respond.
As In Touch first reported, the State of Georgia filed six charges earlier this month against Ariana.
The charges are driving under the influence of multiple substances, driving under the influence of alcohol, possession of drug related object due to her “unlawfully” possessing a vape pen with THC cartridge, improper turn, failure to obey signs or control devices and underage possession of alcohol.
Police initially arrested Ariana on charges of driving under the influence, misdemeanor improper lane change and underage alcohol possession.
The police pulled Ariana over after she hit another vehicle.
The reality star’s boyfriend, Hudson McLeroy, was also arrested at the scene.
According to the police report obtained by TMZ, Ariana told officers that she had not been drinking despite police smelling alcohol on her. Ariana did admit that she smoked a THC vape pen “the night before” but was adamant she did not drink before driving.
The officers conducted a sobriety test that they said she showed a “noticeable sway” during, which led to her arrest.
At the time, Ariana’s lawyer, Justin Spizman, fired back at the arrest.
He said, “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. That was not the case. She wholly denies these allegations and intends to fight these charges because she is not guilty of them.”
As In Touch first reported, Ariana’s sister Brielle Biermann was sued over an alleged car accident earlier this month. Sources close to Brielle, 27, deny she was involved in the incident or that she was even in the state of Georgia on the date in question.
