Charge(s) – OUI
Result –Not Guilty
Client was stopped for failure to stay in the marked lanes. Client was observed to exhibit the usual indicia of alcohol consumption that officer observe, that is, an odor of alcohol, red glassy eyes and slurred speech. The client was able to produce license and registration. Client was asked to exit the vehicle to perform some field sobriety tests. Client agreed and exited the vehicle. Client was asked to perform the walk and turn and one leg stand test. Client failed to perform them to the officer’s satisfaction.
Trooper was cross-examined about the finer points of the field sobriety tests and how well the client actually performed. Also, the client and a friend testified about their whereabouts on the evening of his arrest and more importantly about the timing of the 3 beers he had consumed over the evening. The jury acquitted the client because the client simply did not consume enough alcohol to make him impaired.
