Charge(s) –  OUI

Result –Not Guilty

Client was involved in a minor motor vehicle accident, but the fuel tank on the vehicle punctured.  Client exited the vehicle as quickly as possible.  The police arrived and questioned the client about the accident and observed an odor of alcohol, red glassy eyes and client speech to be slurred.  Client was asked to perform certain field sobriety tests and client could not complete the tests.

On cross-examination of the officer it was shown that at no time did the officer ask the client if she was ok from the accident or anything about where client had been or what was consumed for alcohol.  Client and some other witnesses testified at the trial.  Testimony consisted of timing of drinks and location.  Witnesses also confirmed that in all respects client was not under the influence of the drinks consumed.  Finally, client testified to numerous medical ailments that impacted the ability to perform the tests the officer administered.