ATLANTA, GEORGIA: Kim Zolciak-Biermann's daughter Ariana Biermann, the TV celebrity and social media influencer, is in a spot of trouble.
The 'Real Housewives of Atlanta' alum's daughter, 21, who transitioned from a reality TV star to being a social media influencer, recently made headlines for having to deal with law, reports RadarOnline.com.
According to the outlet, the Atlanta native asked that the prosecution not be permitted to use any "illegally" obtained evidence from her DUI arrest during the trial.
Ariana, 21, claimed that all evidence "gathered after the initial stop and detention" of her automobile should be barred from being used against her, according to court records obtained by RadarOnline.com.
Why was Ariana Biermann taken into custody?
The then-20-year-old was pulled over while driving in Forsyth County after colliding with another car. Ariana denied drinking alcohol while speaking with police, however, she did admit to taking a THC vape pen the night before.
Officers could smell alcohol on Ariana's breath and even on her clothes, according to the official police report. She was taken into custody after authorities noticed a "noticeable" sway during her field sobriety test.
What are the charges against Kim Zolciak’s daughter Ariana?
Misdemeanor DUI, misdemeanor improper/erratic lane change, and underage alcohol/possession/purchase charges were filed against Ariana. After being booked, Ariana was bailed out of jail, according to sources who spoke to TMZ.
Ariana, who is reportedly dating her boyfriend, Austin Anderson, stated in her latest motion that during 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 claimed she had not committed any driving offenses before being taken by police.
She claimed that her initial detention was an "unlaw warrantless seizure, not supported by probable cause or articulable suspicion, violating" her Fourth Amendment rights under the United States Constitution.
The motion she filed sought that the court exclude the "illegally obtained" evidence and direct prosecutors and state witnesses not to utilize, mention, or otherwise refer to such material during the trial.
Ariana also stated that she wants any mention of her refusing to take a chemical test at the scene to be dropped.
She claimed her denial was warranted "because the machine on which" she "was to be tested was not being operated with all all its electronic and operating components as prescribed by its manufacture properly attached and in good working order.”
She also requested that any proof of her field sobriety tests be thrown out. Her lawyer stated that because the officer who administered the test was not adequately trained, the test was invalid. The judge's decision is still pending.
