BASIC FACTS: The defendant was stopped for speeding, allegedly driving 75 in a 30 mile per hour zone.  The officer approached his window and claimed the defendant was slurring his speech, had a strong odor of alcohol, and had bloodshot glassy eyes.  The defendant had trouble finding his license and registration.  He allegedly had trouble opening his door.  The officer said the defendant almost fell over when he got out of the car, had to lean on the car for balance and almost fell over walking to the rear of the car.  The defendant performed the horizontal gaze nystagmus (HGN) test (this is the test where the officer waives the pen in front of the driver’s eyes and claims that he is drunk because his pupils twitch).  The officer told the defendant to perform a 9 step walk and turn test.  The defendant walked 13 steps the first time and 6 steps the second time.  The officer then had the defendant stand on one leg, which he could not do for more than a few seconds. 

The officer said the defendant nearly fell over getting into the paddy wagon and began to challenge the officer to a fight by glaring at him.  The officer later described the defendant as highly intoxicated, and that “there was no way he should have been driving”.  The defendant supposedly had trouble standing up during booking.  The defendant told the officer that he hoped the officer got busted for DWI too.  The defendant submitted to two breath tests, both of which read an alleged result of .15 breath alcohol concentration.  He arrested the defendant for DWI.

The defendant elected to fight the charges and go to trial on his Aggravated DWI charge.

DEFENSE:     Attorney Stevens challenged the calibrations records for the radar unit, and the radar results of the defendant’s speed were ruled by the Court to be inadmissible.  The aggravated DWI complaint was then dismissed.  The trial proceeded on a DWI 1^st offense charge.  Attorney Stevens challenged the breath test by submitting evidence that the defendant’s independent breath test was outside the acceptable margins of error.  The breath test was therefore excluded from evidence.  Once the speed and the breath test were kept out of evidence, the trial proceeded on the roadside sidewalk acrobatics.  After trial, the state’s evidence was not legally sufficient to support a conviction.  The defendant was found NOT GUILTY” of DWI after trial.

RESULT:       NOT GUILTY!!!

Attorney Stevens thanks God for this successful defense!!!

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