Below are just a few examples of the types of challenging cases we have won.
A nurse charged with a seventh DWI was arrested after running into a car stopped at a red light. She failed the three field sobriety tests and refused to take breath test. After a three-day jury trial, the jury returned a verdict of not guilty.
Unconscious at the scene of the accident, Missouri Implied Consent Law allowed officers to draw blood from my client revealing a blood alcohol content of .14, well above Missouri’s .08 legal limit. After being arrested on Felony DWI, we were able to attack the testimony of the arresting officer about the validity of the blood test based upon the proper collection and handling of the blood taken from my client. The client’s felony charge of DWI was dismissed, and he did not lose his license.
After driving through someone’s yard while a nearby police officer watched, our client could not even stand when he was arrested. The police officer chose not to perform field sobriety tests because the client was too unsteady on his feet. A test was administrated after his arrest and he blew a .234 nearly four times the legal limit on a breath test machine. At trial, we carefully worked to select jurors who recognized that there are many reasons why someone may be severely unbalanced. We were able to convince jurors that the officer was obligated to do field sobriety tests, and also that he had not monitored the suspect before improperly administrating the breath test. The case was dismissed by the judge for lack of evidence at the close of the State’s case.
A St. Charles teacher was arrested for DWI for driving off the road and failing field sobriety tests after coming from the wineries. A breath test revealed her blood alcohol level was .151 almost twice the legal limit. The teacher was found not guilty due to errors of the officer in conducting the field sobriety tests and the breath test machine.
