State v SB

John M. Gioffredi

Case Conclusion Date:April 21, 2009

Practice Area:DUI / DWI

Outcome:6 1/2 hour Not Guilty on 0.20 breath test DWI

Description:On June 12th, 2007, at 12:10 am, Defendant was stopped by Dallas DWI squad officer Ron Cathcart for going 75 / 60 mph zone and an unsafe lane change on northbound Central Expressway. The stop was captured on the officer's dashboard mounted DVD recorder. The Defendant was videotaped doing the Standardized Field Sobriety Tests (SFSTs) in a business parking lot next to Central Expressway. The 20 year experienced officer testified that the Defendant failed all three SFSTs, scoring all six clues in the HGN (eye) test, showing 3 out of 8 clues on the "Walk and Turn" test, and 3 out of 4 clues on the One Leg Stand. Slightly over an hour later, the Defendant provided a breath test with results of 0.197 and 0.202. I argued that a 21 year old, 147 pound female would look absolutely trashed at an alcohol level of 0.20, and could never look as good as the Defendant did on the two police DVDs. It took the jury 6 and 1/2 hours, but eventually they agreed and returned a Not Guilty verdict.

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