blank'/> Liberally Lean From The Land Of Dairy Queen: Trial Recap (Which Is Way Too Long - And To Be Proofread Later)

3.28.2007

Trial Recap (Which Is Way Too Long - And To Be Proofread Later)


This one was tricky. My client was a 20-something year old single male who was accused of DWI. Basic facts: He got off work around 5:30 p.m. in March of 2006 and then headed home and then to The Club at Runaway Bay where, he says, he had two beers with friends. When he leaves (shortly before 7:30), he does something incredibly stupid: He gets a beer out of his cooler and opens it up. As he heads down 380 towards Bridgeport, he meets a trooper.

(Rest of this lengthy post - including some real audio - is here.)

21 comments:

Anonymous said...

Do not sell yourself short F. Lee Barry. "If the gum is not spit, you must acquit."

Anonymous said...

you are a very sharp young man.

TT said...

Good job, Barry.

Collectionsite said...
This comment has been removed by the author.
BSG said...

"If the gum is not spit, you must acquit," is genius. (Which is probably why I didn't think of it.)

Anonymous said...

Barry, you ARE smart. The question is why are you trying to PROVE it here?

Just do a good job and go on down the line to bigger and better things.

Like State or National.

Have those dreams?

BSG said...

7:50 pm. Are you kidding? The majority of people that read this silly Blog wouldn't vote for me. (But your comments were just a tad nicer than the Ann Coulter-esque comment I received yesterday.) Good times.

Anonymous said...

I don't think Barry is trying to prove himself at all here, but merely passing on this interesting piece of work. Isn't that what he does here? Barry takes the time to find stuff worth commenting on, if it is to educate, amuse or merely throw out there for discussion. I personally find it very interesting when you talk "business" Barry. You don't seem to take things for granted either, but only "sign off" if you are absolutely sure all avenues have been covered, and honestly, I admire that!

Anonymous said...

Any thoughts about those Listerine strips? I have a client who blew a .23 after he said he ate more than 30 of those (didn't ask WHY he ate them). He has been on probation for over a year out of Dallas Co., and they have filed a revocation petition and issued a warrant. Doing a voluntary surrender in the morning and will fight the revocation, but just wondering if his original attorney missed something with the "pocket pac" defense.

Anonymous said...

It would be interesting to find out what kind of gum has that kind of alcohol content to trick the machine. After almost 20 years on the job, I've seen professional alcoholics who can perform the walk and turn and one leg stand tests better than most can sober. The test you can not beat is the nystagmus test. You state that the trooper found 6 clues during that test. You know that 6 clues would be consistent with the breathalizer test results. If your gonna tell the story, tell it all. Good lawyer work, another drunk goes free. I hope he learned a lesson and doesn't kill me, you, or one of our family members.

Anonymous said...

Another jury on another day would have convicted this guy in a heartbeat. Did you not put on here this blog not to long ago that a dwi defendant was found guilty with a .05 breath test?
You never know!

SG said...

You are a very smart guy Barry! I would want you on my side for sure!

mary said...

Very impressive Barry Green! So Allegra was using half a brain cell when she gnawed into her scented lipstick as she was getting pulled over a few months ago...hee! (You may be gone but not forgotten!) Rock on!

Anonymous said...

Whoever wrote that Trial Recap, please learn the difference between "affect" and "effect"!

Anonymous said...

Interesting read. Not being a lawyer I really enjoyed it and found it educational.

Thanks.

Anonymous said...

yea , good story. very interesting. but in reality, our roads are more dangerous. i pray for my kids and wife who will be sharing the road with this person.

Anonymous said...

I understand sugarless gum is lethal to dogs. It appears there is an ingredient in sugarless gum that causes jaded readings on the beathalyzer (spelling?)

Anonymous said...

More posts like this would be awesome...

Anonymous said...

Quit being so modest, Barry. You know you're smart. You've accomplished a great deal in your life. You're an outstanding person. You should be very proud of yourself.

Anonymous said...

Modest? Modest??? Then why and the hell is it on this blog?

Anonymous said...

Barry his BAC is still increasing, thank god u had a fast trooper not waiting the "15 minute observation" period. Stopped at 1940 hours blowing at 2034, he may have gone to .0145. Someone teach the trooper that numbers are not more important than quality, send him back to intoxilyzer 5000 school. CONGRATS u will see the client within one year if he hangs at the Club.