BASIC FACTS: A state trooper passed the defendant traveling in the opposite direction after midnight. The state trooper estimated that the defendant was traveling 10 to 15 miles over the speed limit. The trooper reversed direction and followed the defendant’s car. The trooper then clocked the defendant driving 70 miles per hour in a 50 mile per hour zone and activated his blue emergency lights.

The defendant pulled the car over and the trooper’s questioning began. The trooper detected a very strong odor of alcohol coming from the defendant’s car. There were two female passengers in the car. The defendant admitted drinking two beers earlier in the night.

The trooper ordered the defendant out of his car to and then conducted a series of “field sobriety tests” on the defendant. The defendant allegedly “failed” a “horizontal gaze nystagmus” (“HGN”) test, a “walk and turn test” and a “one leg stand test”. The trooper conceded that he did fairly well on the “one leg stand test”, but said he stepped off the line and failed to walk in heel-to-toe fashion during the walk-and-turn test.

The defendant was arrested for driving while intoxicated (DWI). The defendant refused to submit to any breath test or blood test. He decided to fight the case.

DEFENSE: Actual innocence. An important fact in this case was that the defendant’s girlfriend had been drinking in the car with friends earlier in the day, and one had spilled a full beer in the backseat, causing the heavy odor of alcohol.

TRIAL RESULT: The state presented the testimony of the state trooper who the field sobriety tests. Attorney Stevens questioned the trooper about numerous “cues of impairment” that are typically found during field sobriety tests that were not present in this case.

After trial, the defendant was found NOT GUILTY of this DWI charge. He left the courthouse with no DWI conviction on his record and drove home a free man!
Attorney Stevens thanks God for this successful defense!