January 24, 2023
DUI Defense Jury Trial Case Details
In this blog, we hope to use a recent case to illustrate that you have the right to defend yourself in a DUI situation.
In this particular case, we saw a classic example of a police officer rushing to judgment and arresting someone for a DUI for not doing exactly what he wanted them to do. Our client was speeding down South Indian River Drive in St. Lucie County. She was pulled over, admitted to drinking two vodka drinks, and agreed to field sobriety exercises. All of these events were on video.
Our client simply asked the officer to demonstrate the nine steps of the field sobriety exercises. The officer refused.
The Arguement in DUI Defense Trial
To defend this client, we argued that she stood up for herself. Asking to see an example of the nine-step field sobriety exercise was a reasonable request. Due to the officer’s refusal, she, in turn, refused to perform any other tasks and the DUI breath test. She told the officer, “she didn’t trust those machines.”
We argued that she didn’t have to take the breath test because the law makes it clear that a criminal defendant does not have to prove her innocence or present any evidence. To brand her as a criminal on such shoddy evidence would have been a miscarriage of justice.
The jury was out for less than an hour and came back with a verdict of NOT GUILTY.
State v. T.O.; Case # 562018CT817
RESULT: Not Guilty Verdict
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