Practice Area:DUI / DWI
Outcome:Not Guilty DUI
Description:Defendant was involved in an auto accident. He rear-ended the car in front of him as he made a turn. A witness called 911 and came to court to testify that they saw my client throwing beer out of his car window. Two other witnesses testified to the manner of the accident. The officer arrived on scene and gave my client a portable alco-sensor. He also failed the walk and turn test according to the officer. The officer had 8 years of law enforcement experience and hundreds of DUI arrests. Defendant was arrested and refused the State breath test. He told the officer that he was on his cell phone and that was the basis for the accident. At trial, Defendant was found not guilty of the DUI, but found guilty of reckless driving and open container.