“Not Guilty” Verdict After DWI Trial

By David Hammond

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.

About the Author
David is a former military prosecutor and defense lawyer with over a decade of experience fighting for service members and their families. He served nine years and two combat tours as an active duty US Army officer, then joined the Reserves and settled down in Syracuse to be near family. Now representing people across Central New York charged with serious felonies, misdemeanors, DWIs, and traffic offenses, he puts the same level of commitment into his civilian law practice. If you have any questions regarding this article, you can contact David here.
Posted in DWI