BASIC FACTS: The defendant was stopped for not coming to a complete stop at a stop sign late at night.  The police officer stopped the defendant’s car.  The officer said he smelled an odor of alcohol coming from inside the defendant’s car.  Next he ordered him from his car.  The defendant submitted to the first of a battery of roadside gymnastics called “field sobriety tests”.  He supposedly failed the “pen test”, also known as the “Horizontal Gaze Nystagmus” test, which is when the officer waives his pen in front of the driver’s face and decides the driver is impaired by alcohol.  The officer wanted him to do more, but when the defendant knew he did nothing wrong on the pen test he realized the officer was simply gathering evidence against him and he refused all further field sobriety testing.  The defendant’s hunch was right and the officer arrested him any way.  The defendant refused the breath test at the police station

DEFENSE:     Lack of evidence.  The only “evidence” was the pen test and no more.  The defendant’s case was dismissed on his trial date.  In this case, the driver’s administrative license suspension was also thrown out because of the almost complete lack of evidence.  This driver never lost his right to drive for a single day.  Because this was a second offense, this defendant avoided mandatory jail time and a total license loss of 5 years by fighting the case!!!

RESULT:       DWI CASE DISMISSED!!!

Attorney Stevens thanks God for this successful defense!!!

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