BASIC FACTS: A police officer saw the defendant drive down an off-ramp off an interstate highway.  Although the driver stopped normally, he failed to use his turn signal which caused the police officer to follow him.  The driver made another turn without using a turn signal.  The driver had his lights on and his speed was normal.  The driver made another turn, then began to back up to reverse direction.  The officer then activated his blue lights and stopped the driver.  The police directed the driver through a medley of sidewalk gymnastics called “field sobriety tests”.  The driver allegedly failed a pen test (police call these a horizontal gaze nystagmus, or the “HGN” test), a “nine step walk and turn test”, a “one leg stand test”, and a “Romberg Balance Test”. The officer smelled alcohol on the driver’s breath.

            After the battery of the balancing tests, the officer asked the driver to submit to a hand-held, battery operated breath testing device.  The driver elected not to put the fate of his driving license into the battery-operated gadget.  The officer then told him he would be placed under arrest for DWI.  They arrested the driver and charged him with DWI any way.  He declined a blood test when the police tried to get him take one.

            After his arrest, the defendant hired Attorney Stevens to fight the DWI charge.

DEFENSE:     Reasonable doubt.  The case went to trial.  At trial, the state presented the testimony of the arresting officer.  Attorney Stevens presented the testimony of the passenger in the defendant’s car.  Through questioning the officer, Attorney Stevens raised doubts about the defendant’s intoxication, including many aspects of the roadside gymnastics that the defendant performed quite well on.  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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