Complicated DUI jury trial, client found Not Guilty
Jan 01, 2012
Not Guilty verdict after a complicated DUI jury trial
Mr. Fetter was hired by a professional truck driver relating to a DUI arrest. The client was actually arrested for felony child neglect and DUI as his two children were in the back seat of his vehicle when he was pulled over. Mr. Fetter got involved early and convinced the State to not go forward on the child neglect charges. With respect to the DUI the client blew .000/000 but admitted to taking pain pills. The client submitted to a urine test and prescription medications were found in his urine. These medications were controlled substances under Florida's DUI statute. Despite a strong case by the state, expert testimony and an in-car video showing Mr. Fetter's client exhibiting an inability to walk a straight line or stand still without losing balance Mr. Fetter was able to disassociate his client's poor physical performance from his prescription medications and the jury returned a verdict of Not Guilty. Mr. Fetter's client kept his commercial driver's license and his job as a truck driver.