State v. Michaux- Not Guilty

Ashley L. Schiavone

Case Conclusion Date:September 17, 2013

Practice Area:DUI / DWI

Outcome:NOT GUILTY

Description:Client was stopped at a roadblock with an open container of alcohol in visible sight. Field sobriety tests were performed and after being arrested for DUI, Defendant attempted to give a breath sample but instead, blew an insufficient sample into the Intoxilizer 5000. During a two day jury trial, Ashley emphasized the lack of "bad driving evidence" in cases that arise out of a roadblock/checkpoint. Ashley also effectively cross examined the arresting officer and got him to admit that poor performance on field sobriety does not always indicate intoxication. Jury ultimately returned a verdict of NOT GUILTY.