BASIC FACTS: The defendant was involved in a single car accident.  She ran off the road and rolled her car over.  Police and EMTs arrived at the scene and began treating her (the EMTs) and interrogating her (the police).  The police directed the defendant through the usual medley of sidewalk gymnastics called “field sobriety tests”.  The defendant allegedly “failed” a horizontal gaze nystagmus (“HGN”) test, a “walk and turn test”, and a “one leg stand test.  The officer asked the defendant how intoxicated she felt on a scale of 0 to 10 and she answered that she was “a 2”.  When questioned as to whether she felt “buzzed”, she said “yes”.  The defendant told the officer that she had 2 glasses of wine with dinner.

After the battery of field sobriety maneuvers and interrogation, the officer arrested the defendant for DWI and put her in his patrol car.  At the police station the defendant refused to take a breath test.  She hired Attorney Stevens to fight the DWI charge.

DEFENSE:     Actual innocence.  Attorney Stevens consulted with an expert collision analysis expert, William Closs, and an expert in pharmacokinetics, Jay Godfrey of CG Labs.  After carefully reviewing all the pertinent facts the accident was not the defendant’s fault at all, and she was not intoxicated either.  The case went to trial.  At trial, the state presented the testimony of two police officers who testified that the defendant was impaired by alcohol, that she smelled like alcohol, that her eyes were red, and the usual goulash of observations in a DWI case.  At the close of the evidence, the defendant was found NOT GUILTY of DWI.  Because this defendant actually won her administrative license suspension proceedings, she did not suffer ANY license loss, which was a just result because she was not impaired.     

RESULT:       NOT GUILTY!!!

Attorney Stevens thanks God for this successful defense!!!

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