ANOTHER SECOND OFFENSE FOUND NOT GUILTY AFTER TRIAL - JUNE 2017
Police claimed that my client was driving while under the influence of intoxicating liquor when an officer approached my client in his vehicle that was parked on the side of the road. The officer alleged that the vehicle running. My client was asked to perform field sobriety tests and submit to a breath test. He performed field sobriety tests, but became upset and erratic during the interaction. My client lost his license for three years after refusing a breath test.
Potential incarceration for no less than 60 days, 30 days mandatory, with a fine between $600 and $10,000, in addition to a 2 year loss of license for the conviction.
The Commonwealth presented evidence of the officer's observations of my client and my client's performance on field sobriety tests. I cross-examined the officer about the lack of information in his police report indicating that the vehicle was running, and how my client's shoes impacted his performance on the field sobriety tests. Ultimately, the client received an excellent result and was found not guilty after trial.