Partner
Our client was charged with Driving While Intoxicated. Police arrested her at a restaurant, alleging her speech was slurred and she smelled of alcoholic beverages. No witnesses observed her driving her car. At trial, we pointed out a lack of evidence that our client refused the breathalyzer test as alleged. This helped overcome the presumption of intoxication that exists in any case involving a “refusal.” Through cross-examination, we demonstrated that several Field Sobriety Tests which would have been appropriate were not completed at the scene of the arrest. This further undermined proof of intoxication. Other witnesses also testified that they did not believe our client was intoxicated at the time. Focusing on the fact that no one witnessed our client operate a motor vehicle, and the weak proof of intoxication, we were successful in convincing the court there was reasonable doubt and our client was acquitted. Our associate Brian Tedd was lead counsel on this case.