A Deputy observed our client cut across three traffic lanes within the intersection in order to make a right hand turn. In order to avoid an accident, the Deputy slams on his breaks as he is cut off by our client. The Deputy activates his emergency lights, but our client continues to drive for a quarter of a mile. Finally, the Deputy makes a stop on the roadway with our client. The Deputy immediately observed that our client has bloodshot eyes, a strong odor of alcohol and slightly slurred speech. When asked for her registration, our client was slow to respond and took five minutes to locate the documentation. Finally, when the Deputy asks our client to step out of the vehicle, she stumbled. While performing the field sobriety test, our client swayed the entire time. Subsequently, she was placed under arrest and refused to take the breathalyzer test.
RESULT: Since this was our client’s second DUI within five years with several past drug charge arrests, the stakes were particularly high on this case. For that reason, our attorney felt that preparing and trying the case before a jury was the only way to win. At trial, the Deputy testified in court he had activated both his emergency lights and siren when trying to pull over our client. Our attorney immediately pointed out that this testimony was inconsistent with his sworn Probable Cause Affidavit which the Deputy submitted following the arrest. In the Probable Cause affidavit, the Deputy indicated he had only activated his emergency lights. Further, the Deputy could not recall key details of the arrests, such as whether our client was wearing high heels as she was performing the field sobriety tests. Finally, the attorney was able to explain to the jury that the Deputy did not have a valid reason why the field sobriety tests were not videotaped. In the face of this inconsistent testimony and lack of evidence, the firm was successful in obtaining A NOT GUILTY VERDICT AND OUR CLIENT WAS ACQUITTED ON ALL CHARGES!