The Real Housewives of Atlanta star Kim Zolciak’s daughter Ariana Biermann had her probation from her DUI arrest terminated months early, Us Weekly can exclusively report.
On December 8, Biermann’s probation officer filed court docs asking for the Bravo star’s two-year probation from her criminal case to end.
The filing noted that Biermann, 24, who is one of the stars of Next Gen NYC, had stayed out of trouble since being sentenced in May on charges of reckless driving and possession and use of drug related objects.
The probation officer noted the sentence had a provision that allowed for Biermann’s probation to be terminated as long as she completed all the terms the court imposed on her.
As Us previously reported, at her sentencing, Biermann avoided jail time over her August 13, 2022, arrest for driving under the influence after reaching a plea deal with prosecutors. A judge signed off on the request days later.
Biermann was facing six misdemeanor charges related to the incident: driving under the influence of multiple substances, driving under the influence of alcohol, possession of a drug related object, underage possession of alcohol and two other charges related to improper driving.
At the time of her arrest, Biermann’s then-boyfriend, Hudson McLeroy, was with her as a passenger in the car. During questioning, Biermann told officers that she did not drink alcohol before driving, but officers noted that her breath smelled like alcohol.
Biermann did admit that she smoked a THC vape “the night before.” Officers noted in their report that Biermann had a “noticeable sway” during a field sobriety test.
Biermann was arrested but released on bond hours after being booked.
The reality star’s lawyer Justin Spizman spoke out about the incident.
“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.”
In court documents, Biermann’s lawyer argued that all evidence collected by officers was the result of an “unlawful seizure” and demanded it not be used at trial.
Biermann’s attorney argued, “At the time of [Biermann’s] initial detention … sufficient facts did not exist to support even an articulable suspicion that [Biermann] was under the influence of alcohol or drugs, or that any other criminal activity was underfoot.”
“Specifically, [Biermann] committed no traffic violations prior to [being] detained by law enforcement,” her attorney continued. “[Biermann] 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.”
Per her sentence, Biermann was to produce urine or blood samples to test for drug use when asked by a probation officer. The reality star was also ordered to pay $2,000 in fines, perform 40 hours of community service and not use drugs or alcohol. She was also required to complete a substance abuse evaluation and enroll in a Victim Impact program.
The judge said once Biermann finishes the requirements, her probation could be terminated, which is now being requested.
Following her sentence, Biermann’s lawyer Spizman, said, “Ms. Biermann maintained her innocence since her arrest. We are pleased that the State of Georgia eventually decided to dismiss the impaired driving charge and offer Ms. Biermann the opportunity to plead guilty to a traffic ticket.”
Spizman added, “Despite her desire to fight this case, she took advantage of the opportunity to put this matter behind her and focus her energy on all the positive endeavors in her life.”
Read the full article here