October 2017 - Second Offense Found Not Guilty After Trial
Facts:
My client was pulled over for a marked lanes violation and was then asked to conduct Standardized Field Sobriety Tests. He performed the Horizontal Gaze Nystagmus Test, the Nine Step Walk and Turn test, and the One Leg Stand. He allegedly failed the tests and was asked to submit to a Preliminary Breath Test, which resulted in a 0.153%. At the police department, he submitted to another breath test, which resulted in a 0.14%.
Maximum Penalty:
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.
Outcome:
The jury found my client not guilty and he was also found not responsible for his two other charges, which were a number plate violation and the marked lanes violation. This was an outstanding outcome and we are now working on withdrawing his guilty plea for his first offense.