5th Offense, Failed Breath Test - Jury: "Not Guilty" in 5 minutes
Client faced a mandatory 2.5 year jail sentence if convicted plus a lifetime loss of license. He was stopped for speeding. Officer noted a strong odor of alcohol and that his speech was slow and slurred. He stumbled getting out of the car and did not perform well on the 9 step walk and turn test. On the one leg stand, he was unable to keep his foot up more than a couple of seconds despite multiple tries. At the station, he took the breathalyzer and failed. After keeping the breath test out of evidence, we went to trial. We stressed to the jury he pulled over promptly and safely, did the tests in heavy hiking boots in the cold at 1:45 AM and recited the alphabet correctly. He was found not guilty and Attorney Dunn convinced the judge to order the RMV to immediately restore his license.
Practice area(s): DUI / DWI