Perseverance Pays Off on a Difficult DUI case
N/AOUTCOME: Deferred Sentence to DUI
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 o ... ther 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.