Charge(s) – OUI and Negligent operation of a motor vehicle
Result – OUI – Not Guilty
Client was involved in a motor vehicle accident where he rear-ended another vehicle while eating. Police arrived and began an investigation. The officer observed the client to have and odor of alcohol, red glassy eyes and his speech to be slurred. The officer observed the client to have trouble with his balance at times. At one point, the officer testified that the client dropped items from his wallet on the ground and stumbled backwards when he attempted to retrieve the items. The officer administered a series of field sobriety tests. The officer administered an alphabet test, walk and turn and a one leg stand test. The officer testified that the client did not complete any of the exercises satisfactorily.
At trial, the officer was cross examined about various aspects of his report and some inconsistencies in the report regarding how well he performed on aspects of the field sobriety tests. Additionally, despite the severe nature of the accident no EMT’s even examined the client before conducting the Field Sobriety tests. Based upon the cross-examination the jury found doubt and acquitted the client.
