BASIC FACTS: The defendant was stopped by a police officer for having a plate light out.  He was not driving improperly in any way.  The officer activated his blue lights and stopped the defendant.  The police directed the defendant through the medley of sidewalk gymnastics called “field sobriety tests”.  The defendant allegedly failed a pen test (police call these a horizontal gaze nystagmus, or “HGN” test, a “walk and turn test”, a “one leg stand test, and a “finger to nose test”.  The defendant denied any consumption of alcohol.  After the battery of the balancing tests, the officer asked the defendant to submit to a hand-held, battery operated breath testing device.  The defendant elected not to put his fate into the device and declined to do the roadside breath test.

The officer then arrested the defendant and put him in his patrol car.  At the police station the defendant refused to take a breath test.  He hired Attorney Stevens to fight the DWI charge.

DEFENSE:     Reasonable doubt.  The case went to trial.  The defendant faced a 3 year loss of license and up to a year in jail if convicted.  At trial, the state presented the testimony of the arresting officer.  Through cross examination of the officer, Attorney Stevens raised doubts about the defendant’s intoxication.  At the close of the evidence, the defendant was found NOT GUILTY of DWI.       

RESULT:       NOT GUILTY!!!

Attorney Stevens thanks God for this successful defense!!!

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