July 2018 - Second Offense NOT GUILTY At Trial
Our client was originally pulled over for speeding. Once the officer started interacting with our client, the officer assumed our client was under the influence of intoxicating liquor and called another officer for assistance. Our client submitted to the following field sobriety tests: Vertical Gaze Nystagmus (VGN), Lack of Convergence (LOC), Nine Step Walk and Turn, One Legged Stand, Romber Balance Assessment, Recitation of the Alphabet, and Counting Backwards. Our client refused the Portable Breath Test (PBT) and the breath test at the police department.
Potential incarceration for no less than 60 days, 30 days mandatory, with a fine between $600 and $10,000, in addition to a 2-year loss of license for the conviction.
Attorney Bernard pushed this case to trial. Attorney Bernard was able to effectively cross-examine both police officers on the stand, focusing on their lack of evidence for any notation in the police report indicating our client had slurred speech or glossy/red eyes. This, among other factors, were able to show that the prosecutor could not prove beyond a reasonable doubt that our client was operating under the influence. As a result, our client was found not guilty for an OUI-Liquor, second offense, at trial.
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