Result: OUI- Not Guilty
Client was stopped by police for failing to remain within the marked lane of travel. Officer approached the vehicle and detected a strong odor of an alcoholic beverage emanating from the client’s breath when she spoke. Client admitted to having two beers when asked by the officer. Client was asked to exit the vehicle and lost her balance upon doing so. Officer also noticed the odor of an alcoholic beverage had become stronger. Officer administered a series of field sobriety tests. Client failed all assessments and was placed under arrest.
This was a case where photographs of the area of the stop and alleged marked lane violation paid large dividends. A few officers testified in this case and all of them testified differently about the area and after that the jury just could not credit much from the officers after cross-examination.