Charge(s) – OUI
Result – Not Guilty
The client was stopped for going through a red light. The officer activated his lights and stopped the client. The officer approached and asked for license and registration. The officer smelled an odor of alcohol, red glassy eyes and the client to exhibit slurred speech. Based upon these observations the officer asked the client to recite the alphabet two times. On both occasions the client recited the alphabet quickly. The officer then asked the client to exit the vehicle. Client exited and the officer observed client to be unsteady. The officer asked client to perform further field tests and the client refused.
On cross-examination, the officer acknowledged that while client said alphabet quickly he could not say that he missed any letters. Additionally, the officer acknowledged that the client was able to produce the license and registration with little to no difficulty. Finally, the officer acknowledged a conversation that occurred with the client about an emergency family situation that seemed distracting to the client. The officer did not ask any further question to isolate what the emergency was that may have explained why he went through the red light and performed the test quickly. By the time cross-examination was concluded there was reasonable doubt to believe whether alcohol had diminished his ability to drive his car and was acquitted.
