Client Walks Out of Court A Free Man After Jury Finds Him Not Guilty of DUI Charge
My client was charged with his second DUI just two weeks before his first DUI would have not been priorable. At trial the police officer testified that he first observed my client fail to use his turn signal before executing a U-turn on El Camino in Millbrae around midnight. The officer testified that his attention remained focused on my client who then peeled out and sped off at a high rate speed after leaving behind a cloud of smoke. The officer pursued my client for a mile to a mile and a half and testified that my client drifted in his lane during this time period. After pulling my client over for a DUI stop the officer stated that he observed my client had blood shot and watery eyes, the odor of alcohol on his breath, slurred speech, and an open bottle of Jack Daniels behind the driver's seat. He testified that my client failed all of his field sobriety tests and then refused to submit to a blood breath or urine test pursuant to the Implied Consent Law. A second officer also testified while serving as a cover officer that my client failed all of his field sobriety tests. However, after the jury heard the cross-examination of the officer concerning his training in the National Highway Traffic and Safety Administration's (“NHSTA”) Standardized Field Sobriety Testing, as well as, testimony from my client and his physical therapist, they found my client not guilty of all charges, including the special allegation of having refused the blood, breath or urine test pursuant to the Implied Consent Law. My client was not sent to jail. Instead he walked out of the courtroom after the jury verdict as a free man!