BASIC FACTS: Defendant stopped to use his cell phone at 2:00 a.m. He parked on the side of the road and began to dial the phone. He also activated his emergency lights to alert fellow motorists of his presence on the roadside.

A police officer stopped behind client’s car to check client’s well-being. When the officer ordered the client to roll his window down, he smelled the odor of an alcoholic beverage. The client admitted to drinking three beers earlier.

The police officer ordered the client to step out of his car to perform “field sobriety tests”. The officer then had the client perform a “horizontal gaze nystagmus (”HGN”) test”, a walk and turn test (the nine step heel-to-toe test), and a one leg stand test. After concluding that the defendant “failed” these field sobriety tests, the officer arrested the defendant and charged him with driving while intoxicated (DWI).

At the police station, the defendant refused to submit to a breath test.

DEFENSE: Actual innocence. By cross-examining both officers about their observations, Attorney Stevens illustrated many aspects of the defendant’s performance on the field sobriety tests that were consistent with sobriety.

TRIAL: The defendant rejected a plea offer of reckless driving and the case went to trial. The state presented the testimony of two police officers, both of whom gave their opinion that the defendant was intoxicated. At the conclusion of the trial, the defendant prevailed.

RESULT: NOT GUILTY!!!
Attorney Stevens thanks God for this successful defense!