DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
Client was on his way home from running an errand when he was stopped at a roadblock sobriety checkpoint. The officer detected the odor of alcohol, flushed face and slurred speech. The client was asked to perform field sobriety exercises, which the police claimed indicated impairment and subsequently arrested the client. The client was then video taped performing the field sobriety exercises a second time. A breath test was conducted with a .136 g/dl result.
At the jury trial, I was able to discredit the reliability of the breath testing equipment on cross-examination of the State’s so-called breath “expert” by demonstrating that the good science the breath testing equipment was based upon was being completely misapplied. It also helped that my client, a computer software company executive, performed the field sobriety exercises flawlessly and that his speech was clearly not slurred, contradicting police testimony.
Verdict: NOT GUILTY!