BASIC FACTS: The defendant ran into some rocks while boating on a lake in the dark.  The police approached in a boat to help him, but ended up arresting him instead.  The police demanded his license and registration.  Next they ordered him to perform a “safety inspection”, which he passed.  The defendant submitted to a battery of seated gymnastics called “marine field sobriety tests”.  He supposedly failed the “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 impaired by alcohol.  He went on to fail the “finger count test”, a “palm pat test”, a “finger to nose test” and a “25 to 1 test” during which the defendant was supposed to count backwards from 25 to 1.  He supposedly missed one of the 25 numbers which the police deemed to be a failure.   Back at the station the defendant blew into the breath test gadget and reportedly blew a .16 and a .17.

DEFENSE:     Attorney Stevens challenged the officer about the alleged “results” of the “field sobriety tests”.  He objected to the admissibility of the breath test.  Attorney Stevens’ technical objection to the breath test was sustained and the results were not admitted at trial.  After trial, the defendant was found:  NOT GUILTY!!!  This driver never lost his right to drive for a single day!!!

RESULT:       NOT GUILTY!!!

Attorney Stevens thanks God for this successful defense!!!

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