BASIC FACTS: A police officer followed this driver on the highway.  The officer observed the driver swerving and weaving.  The tired driver went over the painted white fog line 3 times and changed lanes a few times.  The officer turned the blue lights in his cruiser on, but the driver did not stop immediately.  The officer turned on his audible siren and the driver pulled over promptly into the breakdown lane.

The officer claimed the driver’s speech was slurred and that he noticed an odor of an alcoholic beverage emanating from inside the driver’s truck.  The officer asked the driver to step out and perform roadside gymnastics.  The series of “tests” on this driver were the usual potpourri of so-called “field sobriety tests”, which resemble parlor tricks.  The driver 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 officer found a 12 pack in the truck; 3 cans were empty and 9 cans were full.  After the balancing and pen-following ordeal, the officer asked the driver to blow into a little hand-held, battery operated gadget to “test” his alcohol level.  The gadget displayed a reading of .14.  The officer then arrested the driver and charged him with DWI.  The driver decided to risk blowing into the breath testing box at the police station.  He blew a .13 twice.

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

DEFENSE:     Attorney Stevens sent the driver’s breath tubes to CG Labs, where the independent test of the driver’s breath tubes indicated an enormous variance with what the breath box at the police station said.  CG Labs President Jay Godfrey prepared a report that displayed the huge variation between test results.  Attorney Stevens filed a motion to exclude (throw out) the alleged result of the breath test box.  The breath test was excluded and the case went to trial as a stand-up DWI case, meaning the issue in this drunk driving case was whether the state could prove beyond a reasonable doubt that the driver was drunk.  

After trial, this driver was found NOT GUILTY of his two DWI charges (one charge was for blowing over a .08 into the breath test box, the other was the stand up DWI charge).

This driver avoided a DWI conviction.

RESULT:       NOT GUILTY ON 2 DWI CHARGES!!!

Attorney Stevens thanks God for this successful defense!!!

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