BASIC FACTS:  Police saw a car stopped at a red light shortly before midnight.  The driver had inadvertently forgotten to activate his head lights when he started driving.  The police turned around and followed the driver, finally activated the blue lights of the police cruiser.  The driver immediately responded and pulled over.

The officers smelled alcohol, and the defendant admitted having two glasses of wine with dinner.  The police demanded his license and registration and then they ordered him from his car.  The driver submitted to a battery of sidewalk gymnastics called “field sobriety tests”, unaware that he could refuse to take part in the “testing” process.  After the field sobriety testing ritual, the officer arrested him.  He did a “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 drunk because his pupils move side to side.  He went on to fail the nine step walk and turn test (the “walk the line” test) and the “one leg stand test”.  During the “walk the line” test the driver walked part of the second series of steps backwards, like the “moonwalk” dance of the early 80s.  He then refused to blow into a hand held, battery operated breath testing gizmo that the officer carried around with him.  The driver was arrested for DWI.  He refused to blow into the drunk-in-the-box at the police station.

PLEA OFFER: None.  The state offered no break for this highly cooperative driver who had no prior history of DWI or any other kind of criminal record.  This gave the defendant no option but to fight the case.

DEFENSE:     Actual innocence and sobriety.  At trial, Attorney Stevens pointed out the large number of facts that were consistent with sobriety, including the way the driver actually performed during the field sobriety testing ritual.

TRIAL RESULT:      NOT GUILTY!!!!!

Attorney Stevens thanks God for this successful defense and victory!!!

Contact Information:
If you leave a voice message or send an email, please include ONLY the following information:

• Date of any alleged offense you have been charged with.
• The court in which you have been told to appear.
• The date and time you have been told to appear.

Information in this column should not be construed as legal advice and does not constitute an engagement of the Mark Stevens Law Office, nor any attorney associated with the Mark Stevens Law Office. The information contained herein is of a general nature and may not apply to any particular set of facts and circumstances. Please bear in mind that laws change frequently. We will make an effort to update the information on a regular basis, but are under no obligation to do so. No part of this document, nor any information contained in this website, may be disseminated without this paragraph. This may be considered legal advertising.

www.1-800-dial-dui.com

Original Web Page Development by Randy Bone.
Copyright 2006, Attorney Mark Stevens, All rights reserved.
All brand or product names are trademarks or registered trademarks of their respective companies or organizations.