State v. N.F.

David Howard Goldstein

Case Conclusion Date:January 21, 2010

Practice Area:DUI / DWI

Outcome:Not Guilty

Description:Client found sleeping in his car at the gate of a closed business in a commercial district in DeKalb County on Labor Day weekend at 3:30 AM. The police had photographs of the client looking very sick, vomit on the pavement next to the car and a large McDonald's cup filled with what the police called a "potent mixture." State asked the jury to believe the circumstantial evidence of driving to fill in the gap in the evidence to convict. I asked the jury to really consider what was missing -- we're all opposed to drunken driving, but what about drunken sitting in a car? Drunken sitting in a car is all the State was able to establish in this case. Since that's not a crime, I asked them to return a verdict of "Not Guilty," and the did!