My client was a very likeable, retired telephone installer who was stopped on his way home from a date at a automobile roadblock sobriety checkpoint. The contact officer detected the odor of an alcoholic beverage on the client’s breath and conducted further investigation. Even though the client had an old leg injury, he performed the field sobriety exercises adequately. Nevertheless, the client was arrested. The client was offered a breath test and after numerous attempts to get clarification from the public service aid regarding the consequences of submitting to or declining to take the breath test, the client refused to take the breath test.
The State refused to reduce the charges, so we proceeded to trial. Before I had enough time to collect my belongings and exit the courtroom, the jury returned a verdict after deliberating for all of 3 minutes. Just enough time to elect a foreman and take a vote.
Verdict: NOT GUILTY!