BASIC FACTS: At about 1:30 in the morning, a police officer saw two cars approaching.  Based on his opinion that the second car was following the lead car too closely, the officer activated his blue lights and stopped the driver of the second car.  The officer interrogated the driver about alcohol consumption with questions like “have you been drinking?” and “how many drinks have you had tonight?”  The officer ordered the driver to hand him his license and registration.  After the driver handed him the license and registration the officer ordered him out of the car for a series of agility maneuvers that most drivers fail called “field sobriety tests”.  The driver did not know that he could, and should, refuse these roadside gymnastics.  After a predictable series of “failed field sobriety tests”, the officer asked the driver to blow into a little battery operated gizmo called a “preliminary breath test”.  The driver blew into this gizmo, even though he didn’t have to.  The hand held gizmo said the driver’s BAC was .14.  The officer then arrested the driver and charged him with DWI-first offense.  Once at that the police station, the officer read the driver a form and asked him to take another breath test.  The driver took a chance and blew into the breath test box at the police station.  The box at the police station gave a reading of .13 twice.  The driver was charged with DWI and DWI per se.  The DWI per se charge is a charge that alleges that the driver’s “test” reading at the police station was .08 or higher, regardless of whether he was drunk or not.

After the arrest, the driver hired Attorney Stevens to fight the DWI charges.

DEFENSE:     Actual innocence.  At trial, Attorney Stevens was able to get all of the alleged breath test results excluded (thrown out).  The remainder of the evidence was insufficient to prove the defendant guilty beyond a reasonable doubt.  The defendant was found NOT GUILTY on both DWI charges after trial. 

RESULT:       NOT GUILTY ON DWI CHARGES!!!

Attorney Stevens thanks God for this successful defense!!!

“May the Lord answer you in the day of trouble! May the name of the God of Jacob set you up on high.”  Psalm 20:1.

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