04/03/2026
Chuck and his team are awesome!!
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Another NOT GUILTY jury verdict this week.
Two years ago, our client was charged with a second-degree DWI, based on a reported .17 breath test and a prior DWI within 10 years. The arresting officer, who also administered the breath test, presented himself as a highly trained “Drug Recognition Expert” and had twice been recognized as a “DWI All-Star.”
Before trial, the .17 breath test was suppressed after our extensive review of the instrument’s usage reports, maintenance records, and calibration logs revealed significant issues.
At trial, the case came down to credibility and careful examination of the evidence.
We confronted the officer with prior inconsistent testimony from an earlier hearing and a judicial finding that he failed to properly administer a standardized field sobriety test, despite his insistence that he had done so correctly.
We then showed the jury the arrest video.
While demonstrating the one-leg stand test, the officer lost his balance almost immediately and was forced to concede that even sober people can have difficulty with these tests. Despite that, he maintained under oath that he had administered the tests properly and would do it the same way again.
The jury saw it all.
After just 6 minutes of deliberation, the jury returned a verdict of NOT GUILTY.
We also prevailed in the related driver’s license case.
Titles don’t decide cases. Evidence does.
