People v. Confidential Client Name
Jan 27, 2014OUTCOME: Mistrial - Hung Jury
My client was an elderly man who was charged with DUI. He had been at a bar and then left. The police stopped him after he got out of his car and was walking across a parking lot. The police took ov ... er 2 hours before they gave him a blood test; there was never a breath test. The blood test revealed a blood alcohol content over .12 (the legal limit is .08). We hired an expert and explained that the alcohol he drank had not been digested at the time he was driving but had been digested after driving and while he was speaking with the police. This means that he was not drunk at the time of driving. I tried this case in front of a jury - some of them agreed with me and some did not. The trial ended with a hung jury which is NOT a conviction.
