Charge(s) –  OUI

 Result –Not Guilty

Client was stopped at a State Police Sobriety Checkpoint.  Client was directed to a secondary screening area called the “Pit” because one of the troopers smelled alcohol on the client’s breath.  Once the client entered the “Pit” another trooper approached and asked client to perform field sobriety tests.  Client performed a 9 step walk and turn and a one leg stand exercise.  These are common standardized tests used by the State Police and other police departments.  Client performed very well on the tests.  Despite how well the client performed the trooper placed the client under the arrest.

On cross-examination, Attorney Milligan went through the exercises methodically to prove that in fact according to the training manuals, the client had actually passed the tests.  Based upon the Attorney Milligan’s questions of the trooper there was ample doubt that the client was under the influence of alcohol.