Practice Area:DUI / DWI
Outcome:DUI - .154 Blood Test Not Guilty to DUI
Description:This case was predicated on a traffic stop for Failure to Maintain Lane. LJ was driving home from a local bar after an evening out and was stopped by the police for failure to maintain lane. LJ was on video riding on the double yellow line for in excess of 7 seconds and was also alleged to have been drifting in his lane. During a bench trial, the state was blocked from enteriong into evidence a .154 blood test result that had been obtained by the police as a part of their DUI investigation. LJ performed the Horizontal Gaze Nystagmus Test, Walk and Turn Test, and One Leg Stand Test on the side of the road and according to the Officer did poorly on the tests. Several of the tests were ot on video. At trial Defense Counsel was able to create reasonable doubt by arguing that the totality of the circumstances must include more than the tests and that the trier of fact must truly look at the performance ofhte defendant on normal tasks as well as on the field tests where the defendnat is put into abnormal situations and asked to perform an unfamiliar taks under conditions of great stress and nervousness. The end result was a verdict of NOT GUILTY to DUI LESS SAFE.