Charge: OUI/Child Endangerment
Result: Not Guilty
Client was a mother of two and coming from a holiday neighborhood party. She drove her babysitter home. In route she took a wide right hand turn, crossing briefly into the oncoming lane. The officer activated his lights and the client pulled into the apartment complex. The babysitter went to her apartment as her mother watched the officer engage the client in conversation. The client was asked to perform field sobriety tests and she did not complete them to the satisfaction of the officer. The officer testified that the parking lot was well lit and a flat level surface. The client was arrested and elected to take the breath test with a result of a .13.
At trial, the officer was confronted with photographs of the parking lot clearly showing that it was far from level. Also, the overhead lighting he indicated was present was non-existent. No to mention the fact that the client performed the tests in her bare feet in about 32 degree weather. As far as the breath test, the government was unable to introduce the breath test due to the unavailability of a necessary witness.
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