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0.117 three hours after causing a 3-car accident

Charge Faced: DWI

Case Result: Not Guilty

Eva’s alcohol concentration was .117 three hours after the 3-car accident she caused.  Her speech was rapid, slurred, and hard to follow and she was looking at the accident she caused trying to figure out what happened.  Eva failed the eye test.  When positioning her for the Walk & Turn test the Trooper gave her the opportunity to remove her shoes. Eva slurred some incoherent words before saying that it didn’t matter.  Eva then told the officer she was nervous because “I did have a glass of wine and I feel … like … you know what I mean?”  She refused to do any further testing and a Search Warrant was obtained for her blood.  On cross examination the officer admitted to swearing to several statements in his affidavit for the search warrant that were not true.  The Judge eventually excused the jury, and outside of their presence, appointed the Trooper a lawyer out of an abundance of caution that the Trooper might be committing perjury.  The Jury found Eva Not Guilty.

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