City v. H. Anonymous

Outcome: Found not guilty after jury trial

Description: Please note: Although this was a not guilty verdict and we always strive for victory, every case is diferent and different outcomes occur in different cases. That being said, this was a hard fought, three day jury trial. The driver, a hard working, salt of the earth individual, was accused of DUI after being stopped by a city police officer for speeding and weaving. The driver and a friend had been at a local casino. The friend was highly intoxicated but the driver testified to having consumed only one drink throughout the evening. According to the officer, the driver had all the signs of intoxication. The driver refused to take a breath test, requesting a blood test instead, but a blood test was not offered. The officer denied that a blood test had ever been requested and emphasized the driver's "mood swings" and the "overwhelming odor of intoxicants" emanating from the driver at all times. The case came down to credibility of witnesses. At trial, on cross examination, the officer's credibility was brought into question through inconsistent prior testimony and irregularities in his police procedure, including a page that was missing from the police report. A defense investigator, two defense witnesses, and the driver/defendant all testified. The jury deliberated for almost two hours and returned a verdict of acquittal.