Perseverance Pays Off on a Difficult DUI case

Timothy Raymond Bussey

Practice Area:DUI / DWI

Outcome:Deferred Sentence to DUI

Description:Client was charged with a DUI. The Trooper pulled him over for failing to stay in a single lane. The Trooper made contact with Mr. Martinez and observed red bloodshot watery eyes, unsteady gait and other clues of impairment. The Trooper arrested Mr. Martinez for DUI and Mr. Martinez elected a breath test. At the police station the Trooper testified that Mr. Martinez refused the breath test while seated in front of the intoxilyzer and stated, "If I a blow into that machine I know I will be over." The prosecution was unwilling to make Mr. Martinez a favorable offer presumably because of many factors to include the incriminating statement made at the intoxilyzer. A motions hearing was held and some of evidence was suppressed because of constitutional violations. At the first trial the prosecutor referenced suppressed evidence and a motion for a mistrial was made. The Court granted the mistrial and the case was set for a seconds trial. The second trial resulted in a hung jury. Even with the statement coming into evidence the jury could not agree on a finding of guilt. Mr. Martinez did not testify at either trial. The prosecutor decided to offer Mr. Martinez a deferred sentence after the second trial. Sometimes perseverance pays off even on a difficult case.