0.17 DWI

Charge Faced: DWI

Case Result: Not Guilty

Danny had an alcohol concentration of .17, stipulated to his intoxication at trial, and was pulled over for driving with only his fog lamps on.  During the officer’s initial contact, Danny was talking slowly and appeared to be drunk.  He failed all sobriety tests. On cross-examination of the officer, I admitted 2 photographs made from the video at the jail showing the officer missing heel to toe and stepping off the line during the Walk & Turn test he was demonstrating.  The officer scored 2 clues that met the decision point, indicating someone who would be intoxicated.  Additionally, Danny testified.  He admitted to being intoxicated and to accidentally drinking too much, but he absolutely denied that he was driving with only his fog lights on.  The jury was given an instruction that if they did not believe that Danny was driving with only his fog lights on, the stop would be illegal, and they should not consider any evidence from that point forward.  The Jury found Danny Not Guilty.

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