DUI + Driving while Impaired by Drugs - Not Guilty at Trial
Apr 13, 2019OUTCOME: Not Guilty Verdict at Trial
J was out driving one night when he saw something in the road that he thought was an animal. He tried to avoid it, but ended up crashing into some parked cars along the side of the road. The owners cal ... led the police who arrived on scene. The cops said that J was out of it, but there was no odor of alcohol, and he said he had not been drinking. Body camera image showed that J's demeanor was strange, his voice slurred and that he performed poorly on the field sobriety tests. The cops then thought he was impaired by drugs and arrested J. J refused the breath test. He said that he hit his head on the steering wheel when he crashed, which was the reason for his disorientation. There was no physical evidence that he had hit his head, nor did he go to the hospital. We cross examined the cops at trial, and pointed out to the jury that they didn't bother bringing in a Drug Recognition Expert (DRE) to determine if J were under the influence of drugs. We were able to persuade the jury that because there was no evidence of alcohol or drugs, there could have been another reason for his impairment, such as the head injury. The jury came back not guilty on all charges.
