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Courtroom Testimony Inconsistent with Recorded On-Scene Video

Posted by attorney F. Powers

WSOCTV reports on sworn testimony in a Charlotte, North Carolina DWI case in Mecklenburg County. District Court Judge Sean Smith, after hearing evidence reviewed the associated video tape, dismissed the charges. The charging officer at issue testified to the existence of certain indicators of impairment as noted during the DWI investigation pursuant to the administration of Standardized Field Sobriety Tests (SFST's). The Court found that some tests were not performed at all, contrary to the sworn evidence. The Court later held the Police Officer in Contempt of Court. The Officer has appealed the matter to Superior Court for further hearing, and as such as not been formally adjudicated at this time. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.

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