BASIC FACTS: Police respond to a complaint from a cell phone caller that the defendant is driving aggressively, cutting people off and “giving the finger” to another motorist. A police officer sees the defendant’s car and follows her. The police officer testifies that the defendant crossed the yellow line several times and “took a wide turn”. He activated his blue lights and stopped the defendant’s car.

The police officer then conducted a series of “field sobriety tests” on the defendant. The defendant “failed” a “horizontal gaze nystagmus” (“HGN”) test, a “walk and turn test” and a “standing balance test”. The police conceded that she did fairly well on the “one leg stand test”, but said she had to “use her arms for balance” to complete the test. The defendant also could not perform an alphabet test. She attempted the alphabet “A” through “Z” twice and failed both times.

The defendant admitted to drinking one beer and two mixed drinks.

The defendant was arrested for driving while intoxicated (DWI). The defendant refused to submit to any breath test or blood test. She decided to fight the case.

DEFENSE: Actual innocence.

TRIAL RESULT: The state presented the testimony of two police officers that investigated the case and who observed the field sobriety tests. The defendant testified, and presented evidence that there was no yellow line where she was supposed to cross over it.

After trial, the defendant was found NOT GUILTY of this DWI charge. She left the courthouse with no DWI conviction on her record!

Attorney Stevens thanks God for this successful defense!