BASIC FACTS:  A New Hampshire state trooper sees female drive across the center line then cross the white fog line., “almost hitting the guardrail several times”.  The trooper activated his emergency lights and approached the vehicle.  The driver produced her license but had some delay in finding her registration.

The trooper smelled the strong odor of alcohol and asked the driver where she was coming from.  The driver told the trooper she had come from a restaurant where she had consumed a glass of chardonnay.  The trooper asked the defendant to get out of her car and perform a series of roadside gymnastics known as “standardized field sobriety tests”. 

The defendant agreed to perform “field sobriety tests”, and was generally cooperative with the trooper throughout the roadside encounter.  The trooper had the driver perform a “horizontal gaze nystagmus (”HGN”) test” (the test where the driver has to follow a pen), a walk and turn test (the nine step heel-to-toe test on the white line), and a one leg stand test.  The defendant predictably “failed” the first two field sobriety tests, then she elected to refuse to perform the one leg stand test because her miniskirt was riding up and she was having difficulty standing on her high heel.  The trooper then arrested the defendant and charged her with driving while intoxicated (DWI).

At the police station, the defendant agreed to submit to a breath test.  She had to use the bathroom, and the trooper thought she was stalling and deemed her a refusal.  The state charged the defendant with DWI.

DEFENSE AND TRIAL:      Actual innocence.  By cross-examining the trooper about his observations, Attorney Stevens illustrated many aspects of the driver’s performance on the field sobriety tests that were consistent with sobriety.  The argument was that there were not enough facts to prove beyond a reasonable doubt that the defendant was intoxicated.  The defendant also testified and told her side of the story, explaining why her modesty prevented her from performing the one leg stand test is a short miniskirt.

The defendant rejected a plea offer of the minimum DWI penalties and chose to fight the case.  At the conclusion of the trial, the defendant prevailed and she was found “NOT GUILTY” of DWI.

RESULT:       NOT GUILTY!!!

Attorney Stevens thanks God for this successful defense!!!