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0.24 DWI and stipulated to intoxication in trail

Charge Faced: Second DWI

Case Result: Not Guilty

James had an alcohol concentration of .24, stipulated to his intoxication at trial, and was pulled over on his moped for driving without his headlight on and charged with his second DWI. The officer testified that an unknown object drove in front of him as he was parked on a side road.  He pursued the object and pulled James over.  The officer testified he did not have any taillights on and that he could not see the license plate from 50 feet back due to no lighting.  On cross examination, the officer agreed that he would see a faint light in the distance and that was the taillight on.  Further, he admitted that the license plate light was on.  James and I stipulated in writing that he was intoxicated at the time he was driving.  James testified that he had his lights on the entire time and that he never drove in front of the officer and that had to be another “object”.  The jury was instructed that they had to believe James was driving without his lights on at some point in order for the Jury to consider any evidence.  The jury found James Not Guilty.

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