BASIC FACTS: A state trooper clocked the defendant on radar at 86 miles per hour in a 55 mile per hour zone in Interstate 93. The trooper began to pursue the defendant passed and stopped him on the side of the highway.

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. The defendant admitted drinking two mixed cocktails 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 testified that the defendant stepped off the line and failed to walk in heel-to-toe fashion during the walk-and-turn test. He also testified that the defendant put his foot down four times with each foot on the one leg stand test and could not hold his leg in the air for longer that a count of 4.

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.

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. Additionally, Attorney Stevens pointed out the many normal, ordinary responses the defendant performed and said correctly during the roadside encounter with the trooper.

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!