Not Guilty Verdict on OWI 2nd Offense

Not Guilty Verdict on OWI 2nd Offense

Client was found asleep behind the wheel of his vehicle by an officer at 1:30 a.m.

He was parked on the shoulder with the engine running, his headlights on and the transmission in park. After being awakened by the officer, client performed very poorly on the field coordination tests and admitted to consuming alcohol.

Client was placed under arrest for drunk driving and registered .14 and .15 on the breath tests administered at the police station. The township attorney was unwilling to offer any reduction in the charge because client had a prior drunk driving conviction.

Mr. Duke developed a successful trial strategy based upon the prosecution’s lack of proof of client’s BAC at the time he operated his vehicle prior to parking and falling asleep.

The case was tried in the 48th District Court before a jury which, after only 30 minutes of deliberations, returned a verdict of not guilty.

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Summary
Not Guilty Verdict on OWI 2nd Offense
Article Name
Not Guilty Verdict on OWI 2nd Offense
Author
Duke Law Group