STATE v. S.P.
Maximum Penalty: 364 days jail; 150 day loss of license; $2,000.00 fine
Summary: Client was stopped for speeding. He admitted to the consumption of alcohol and that he had recently consumed a 16oz beer, 20 minutes prior to the stop. Client performed admirably on field sobriety tests but was still placed under arrest for suspicion of OUI. Client took a breath test and blew a .08%.
Result: We were in a jurisdiction that has a strict policy of "no drop downs or charge reductions with respect to DUI cases". As such, we knew from day one that we'd need to win at trial. We decided to waive a jury trial and had the case presided over by a single judge. We argued that the evidence in the case only supported probable cause to arrest my client for suspicion of drunk driving but did not meet the evidentiary burden of "proof beyond a reasonable doubt". The judge agreed and found that my client was NOT GUILTY. The end.