Charge(s) – OUI
Result –Not Guilty
Client was 19 at the time of the arrest. Client was involved in a single motor vehicle accident. As the client was entering a rotary she was cutoff by another vehicle and was forced off the road down an embankment and into some trees. When the police arrived client had already encountered one police officer who asked to get her license. She complied and was inside the vehicle when another officer approached and asked her some further questions. The officer observed and odor of alcohol but the client denied having anything to drink. Client walked back up the embankment and was asked to perform field sobriety tests, which she did but was ultimately arrested. She was elected to take the breath test with a .19 breath test reading.
Prior to trial, the breath test reading was excluded for failure to comply with procedural safeguards. On cross-examination, the officer admitted that at no time did he ask the client if she was ok from the accident. Additionally, after questioning by Atty Milligan, it was revealed that the client actually performed well on the Tests in light of her age and the circumstances of the arrest. Client testified on her own behalf and explained to the jury the events of her evening and what she consumed for alcohol. The jury acquitted the client based the evidence presented at trial.
