BASIC FACTS: Driver stopped for speeding.  After police officer approaches her window and demands her license and registration, the officer reported that he smelled an “obvious odor of alcohol” coming from inside her car.  Upon speaking with the driver, the officer claimed he could tell the smell was coming from the driver’s breath.  At the time there was an intoxicated passenger in the front seat.  The defendant was able to get out her driver’s license but could not immediately find her registration.

The driver denied drinking any alcohol despite repeated questioning by the officer.  The officer asked the driver to take field sobriety tests.  The defendant agreed to take the field sobriety tests.  The officer claimed that the defendant had to “lean on her car for balance” when she got out to do her field sobriety tests.  The officer claimed that the driver needed assistance to walk to the rear of the vehicle.  The driver performed the standard battery of roadside gymnastics:  the “follow-the-pen test”, the “heel to toe test” and the “one-leg-stand test”.  The driver allegedly failed the HGN test and walk-and-turn tests, yet somehow passed the one leg stand test.  The officer eventually arrested the driver and charged her with DWI.

At the police station, the defendant refused to submit to a breath test.

DEFENSE:     Actual innocence.  Because there was conflicting evidence of her field sobriety tests (she “failed” two, passed one;  could stand on one leg but couldn’t stand on two legs, and because the defendant wisely chose not to submit to any breath testing, this driver was found NOT GUILTY” after trial.

RESULT:       NOT GUILTY!!!

Attorney Stevens thanks God for this successful defense!!!BR>