BASIC FACTS: The defendant was involved in a single car accident. There was one passenger in the front seat who had consumed alcohol.  The defendant’s car struck a stone wall.  The rear axel of the car snapped in two and one tire somehow snapped off and smashed in one of his windows. A security guard heard and saw some of this and called for police.  Police arrived at the scene and began interrogating the defendant.  Both the security guard and the officer noticed an opened case of beer and some empty cans inside the defendant’s car.  The police directed the defendant through some “field sobriety tests”.  In addition to the usual medley of gymnastics, this defendant was talked into performing an extra one, the “Romberg test”.  The officer asked the defendant to perform the “Romberg Test”, during which he was supposed to close his eyes, tilt his head back and estimate the passage of thirty seconds.  Upon completion of his estimate of time, the defendant was to signal the officer that he was complete by opening his eyes.  This exercise seems reminiscent of something the Queen of Hearts might conjure in Lewis Carroll’s “Through the Looking Glass”, but it is actually employed by some officers in DWI stops and called a “field sobriety test”.  (NOTE-If you can figure out what the ability to silently estimate time with your head tilted back and your eyes closed has to do with your ability to drive a car safely please email me and let me know what it is).  At any rate, after the set of field sobriety maneuvers and the “Romberg test”, the officer arrested the defendant for DWI and put him in his patrol car.  At the police station the defendant refused to take a breath test.  He hired Attorney Stevens to fight the DWI charge.

DEFENSE:     Actual innocence.  Attorney Stevens challenged the observations, including the “Romberg test” and the magic pen test.  He also pointed out that the state did not prove whether the accident was caused by alcohol.  At the close of the evidence, the defendant was found NOT GUILTY of DWI. 

RESULT:       NOT GUILTY!!!

Attorney Stevens thanks God for this successful defense!!!

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