Another Jury Returns a Two Word Verdict (Not Guilty)
Our client was stopped for speeding, and ultimately arrested for DUI. He refused the breath test. His case was complicated by the fact that he repeatedly told the police (on the video) that he wasn't going to take the breath test "because I'll blow over the limit."
Our job at trial was to convince the jury that our client is no expert on how much alcohol would make him "blow over the limit." And the State's burden is not just to prove that the defendant might be afraid he's over the limit, but to prove that he is actually under the influence to the extent his normal faculties were impaired.
The jury saw it our way, and realized that our client's driving wasn't bad. It was a long day (The "Not Guilty" verdict didn't come until about 8:30pm), but our client went to sleep with a smile on his face.
Practice area(s): DUI / DWI
Court: Sarasota County Court