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State v. Kirk

Practice Area: DUI and DWI

Outcome: Not Guilty Verdict

Description: The client was seen weaving in her lane and speeding 45 in a 35. She was stopped and the police officer observed bloodshot eyes, watery eyes, and a strong odor of alcohol on her breath. Defendant performed 4 roadside tests and failed all 4. She was arrested and refused to provide a breath sample. At trial, the defense argued that her performance on the roadsides was due to a pre-existing medical condition despite the odor of alcohol and an admission by Defendant to drinking. The jury found the defendant NOT GUILTY at trial.

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