Charge(s) – OUI and Leaving the scene after Causing Property Damage
Result: OUI-Not Guilty
Client was alleged to have struck a telephone pole near his home. Police followed a trail of liquid from the vehicle to the house. There they encountered the client who was found to be revving the engine in an attempt to pull the vehicle into a garage. The client was asked about the accident. The officer observed an odor of alcohol, red glassy eyes and the client’s speech to be slurred. There were no field sobriety tests admitted at the trial.
After cross-examination, many of the positive aspects of the case were brought out that were not addressed in the police report. Additionally, the report was lacking of any real evidence that the client was impaired by alcohol. In fact, the officer never asked the client if he had been drinking or establish a timeline of the events. As a result, the defendant was acquitted of the OUI charge and elected to admit that he committed the offense of hitting the telephone pole.
