Charge(s) – OUI
Result –Not Guilty
The client was stopped for committing a marked lanes violation around 3 a.m.. The officer inquired of the client about drinking and admitted that he had consumed alcohol earlier in the evening. The officer made observations about the client and asked him to perform Field Sobriety tests. The officer first asked the client to recite the Alphabet and the client could not perform it. Client was asked to exit the vehicle and perform more tests, one of them was the Alphabet again and the client passed to test on this occasion. The client was then asked to perform the One Leg stand and 9 Step walk and turn. After the tests, the client was arrested.
Atty Milligan was able to elicit a lot of facts from the police to questions to validity of the test administered to the client, specifically that the client was wearing pajamas and slippers. Moreover, the client confirmed that while he was performing the tests in his slippers and it affected his ability to perform them. Also, the client was able to tell the jury about his entire evening and what he consumed for alcohol earlier in the evening. The client testified that he went out to get food because he was hungry and there was no food at his house, which his girlfriend confirmed when she testified. The client’s girlfriend also picked him up at the station and she though he appeared fine.
