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Contested Cherokee County DUI JURY TRIAL

Case Conclusion Date: 11.04.2009

Practice Area: DUI & DWI

Outcome: "Not Guilty"

Description: The client was charged with DUI (second offense). The jury was told of the first offense as well. The judge allowed it in as a similar transaction. So, effectively, the jury heard two DUI cases against the client. The client was .188 on the breath test. She was seen impaired in a parking lot of a convenience store. A concerned customer called the police. Several witnesses saw her at the store. The police investigated and found her to be under the influence. Although no one was with her, I argued to the jury that there was no evidence of driving. She was under the influence, but she was not "driving" under the influence. The State argued all the circumstantial evidence that she had driven the car impaired. I argued that she became impaired once she arrived. In spite of the strong evidence against her, the jury found her "NOT GUILTY" of DUI. I argued that she was instead public drunk. She was found guilty of public drunk and received probation. Her license was saved, and she was saved from the 90 days in jail that State's attorney had recommended had she plead guilty. The full case description can be found at More information on DUI Cases in Cherokee County can be found at

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