September 2017 - Second Offense Found Not Guilty After Trial
Facts:
My client was pulled over for speeding on the highway. He was asked to perform Field Sobriety Tests. The police claimed that my client was driving while under the influence of intoxicating liquor. My client's license was suspended for refusing to submit to a breath test.
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:
On cross-examination of the arresting officer, I successfully pointed out that my client informed the officer that he was wearing soft contact lenses before performing the Field Sobriety Tests. After my client performed the first test, one of my client's contacts fell onto the gravel. He had to pick it up off of the gravel and use his saliva in order to place it back in. This clearly affected my client's ability to see, but his eye was extremely irritated, causing him difficulty when performing the Field Sobriety Test. Ultimately, my client received a tremendous result and was found not guilty after trial!