An Officer observed our client swerving violently between lanes. Other vehicles stayed clear of him because of the erratic driving. Based upon this, the officer pulled the client over for fear that he would injure himself or others. When the officer made contact, our client admitted that he “shouldn’t be driving” and had been drinking. He later admitted that he was impaired. When asked to perform roadside sobriety exercises, the client refused. He also refused several commands to exit his vehicle, became argumentative when arrested, and also refused to take a breath test.
RESULT: The client faced serious consequences, as he already had a prior conviction for DUI. In addition, the client twice refused an opportunity to prove his sobriety. However, our attorney was convinced of the client’s innocence and decided to press forward with a jury trial. During jury selection, the attorney was able to identify a juror who was knowledgeable on how the body processes alcohol. Eventually, this juror served on the jury with the other members. Believing that the juror would pass this information on to the rest of the jury, the attorney vigorously argued that the client was not impaired when he drank 4 beers over a 5 hour time frame. The jury deliberated for 60 minutes and returned a NOT GUILY VERDICT, resulting in NO DUI CONVICTION, NO FINES, NO COURT IMPOSED LICENSE SUSPENSION. OUR CLIENT IS ALSO ELIGIBILE TO HAVE HIS RECORD EXPUNGED!