BASIC FACTS: The defendant was stopped by a police officer for allegedly driving 65 miles per hour in a 35 mile per hour zone.  The officer activated his blue lights and stopped the defendant.  The police directed the defendant through the usual medley of sidewalk gymnastics called “field sobriety tests”.  The defendant allegedly failed a pen test (police call these a horizontal gaze nystagmus, or “HGN” tests), a “nine step walk and turn test”, and a “one leg stand test”.  The defendant admitted drinking two beers a few hours earlier.  After the battery of the balancing tests, the officer asked the defendant to submit to a hand-held, battery operated breath testing device.  The defendant elected not to put his fate into the device and declined to do the roadside breath test.

The officer then arrested the defendant and put him in a patrol car.  At the police station the defendant refused to take a breath test or even to sign the form regarding the breath testing.  He also began to shout profanities at the arresting officer. 

An important note here: It is never a good idea to hurl profanities at anyone, but it is a particularly bad thing to do when you are being arrested.  Remain calm and polite.  You do not have to make any statements at all, and you are best off exercising your right to remain silent.  Swearing at the officer made this case a lot closer than it had to be, and you should be cautioned that any angry behavior will be used against you at trial, where the state will describe it as a “mood swing consistent with intoxication”.  Try not to be memorable!

After his arrest, the defendant hired Attorney Stevens to fight the DWI charge.

DEFENSE:     Reasonable doubt.  The case went to trial.  At trial, the state presented the testimony of the arresting officer.  Through questioning of the officer, Attorney Stevens raised doubts about the defendant’s intoxication during cross examination, including many aspects of the roadside gymnastics that the defendant performed quite well on.  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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