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0.132 leaving a bar parking lot

Charge Faced: DWI

Case Result: Not Guilty

Shane pulled out of a bar parking lot at 2:12 A.M., and the officer made a U-turn and began to follow him.  He made an illegal wide right turn at the light and was pulled over.  He allegedly had bloodshot, dilated, watering, and heavy eyes and a strong odor of alcohol on his breath.  He failed the eye test (HGN), the Walk & Turn test, and could not say his alphabet correctly.  The officer had another individual’s name listed two separate places in the report.  In trial, she testified that it is not acceptable for an officer to cut and paste in a police report, but that she does do that.  On re-direct, the DA showed the officer only the first place where the wrong name was put and asked if that was the only place in the report.  She testified it was.  I then had to correct that testimony and showed her the second place she did it.  The jury was not impressed with her.  Additionally, my client testified that he made a legal right-hand turn, and that he had more to drink then he thought.  The jury was instructed that they had to believe a traffic violation occurred before they could consider any evidence.  The jury found him Not Guilty.

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