July 2018 - OUI-Liquor, Second Offense, Not Guilty At Trial
Not Guilty At Trial
Summary: Our client was initially pulled over for speeding. One officer approached our client and claimed he smelt an odor of alcohol. The officer requested our client to remove himself from his motor vehicle and the officer called another officer for assistance. Once the other officer arrived on scene, our client was asked to perform Standardized Field Sobriety Tests. The officer administered the following tests: Vertical Gaze Nystagmus (VGN), Lack of Convergence (LOC), Nine Step Walk and Turn, One Legged Stand, Romber Balance Assessment, Recitation of the Alphabet, and Counting Backwards. The officer then requested our client to submit to a preliminary breath test (PBT) and the client refused. Although our client completed the alphabet and counting backwards efficiently, the officer claimed our client performed poorly on the physical tests. Our client was then placed under arrest and transported back to the police department. Our client was booked and refused the breath test. Our client was charged with OUI-Liquor, second offense; negligent operation of a motor vehicle; marked lanes violation; and speeding.
Results: Attorney Bernard brought our client's case to trial. Prior to trial, the client entered into a plea with respect to his charge of negligent operation of a motor vehicle, which was continued without a finding for one year. At trial, Attorney Bernard cross-examined both police officers where he pointed out there was no evidence for slurred speech, glossy or red eyes. Attorney Bernard was able to point out other factors of our client's case which questioned if there was enough evidence to prove beyond a reasonable doubt that our client was operating under the influence. Consequently, the jury found our client not guilty for OUI-Liquor, second offense. Our client was found responsible for a marked lanes violation and speeding but no fines were imposed. Great result and client's family was so happy!