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State v TS (confidential)

Case Conclusion Date: 01.15.2010

Practice Area: DUI & DWI

Outcome: Not Guilty Verdict

Description: This was a Tarrant county DWI case.This client was stopped for driving on the wrong side of a divided roadway. He told the arresting officer that he had "4, 5, or 6 beers." He took the field sobriety tests, and in the officer's opinion, he failed them. The sobriety tests were video taped, as is usually the case. This client's video was extremely good - perhaps the best I've seen in at least 5 years. The client refused to take a breath or blood test. The prosecutor's office offered to reduce the charge to "obstruction of a roadway," but we told them "no thanks" and went for the not guilty instead. The prosecutors brought three officers to court to testify against my client. Between them, they said they had participated in over 5,000 DWI arrests. The jury did not take a preliminary vote, as they typically do, but instead started by discussing the facts of the case. The vote was 6 - 0 for not guilty on the first vote, and the verdict came back in about 14 minutes.

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