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Success. A "not guilty" verdict came in within 15 minutes.
As you can tell, the breath test was .085 and .083 and it was taken an hour after the stop. The rest of the facts really favored my 21 year old client with no criminal history. He was followed by the trooper for throwing out a lit set of firecrackers in downtown Boyd (yep, while driving) but for the next 2 and 1/2 miles he only "touched" the yellow line with his driver's side tires one time and "barely crossed" the white fog line one time. Other than that, the driving was fine.
The field sobriety tests, in my opinion, were great. And, quite frankly, I think that's what won it. Even using the trooper's interpretation, (1) on the thirty second One Leg Stand test he put his foot down one time, and "swayed" and "raised arm for balance" one time at Count 29; (2) on the Walk and Turn test, he stepped off the line one time (I couldn't see it) did not touch heal to toe four times, and made an "improper turn." According to the Manual that all the troopers and cops use, that is failing. To your average person, that's pretty darn good. I promise you, if you saw the tape you would not have thought the guy was intoxicated.
But these things can go either way. I felt good about it, but I've been surprised before. Thankfully, this time there were no surprises.
Edit: One new wrinkle was to utilize Google's Powerpoint equivalent during the cross-examination of the trooper and technical supervisor. It won't make much sense, but they are both here and here. Me loves me some Google. (And the first presentation contains one heck of an algebra problem that I asked my secretary to calculate for me. And she did.)
20 comments:
Damn I don't drive that good after stops at Frillys, Rockin E, Linda's wateringhole, Chiles,Armondos and Casa Torres
Good Job Barry. And that is why you are golden in Wise County
Barry, I wished I had used you for my recent DWI.
Hey Bar ... get over yourself
And thankfully, he didn't kill anyone after making the decision to drink and then drive.
You dun good Barry. That was barely one over the line and I hope the young man learned a lesson about not drinking and driving again to test the system.
Interesting reading on the equipment and the field test. I couldn't help but notice it said "Driving without headlines". I'm guessing it meant driving without headlights. Looks like someone else may need a field sobriety test.
Jeez, man. If she can do algebra at least call her an "administrative/legal assistant" instead of a secretary.
If I was on a jury and you pitched that Google garbage to me, I would turn off every word! You would surely give me reasonable doubt of yourself and Google. If the machine says one is over the .08 limit, that's it! No reason was given to distrust the machine regardless of sugar packets...whatever.
“Is unable to retrieve documents using fingerprints.”
What?
Were drugs or alcohol involved?
In my experiences with lawyers, the only math they are good at is simple math......i.e., billing.
Lawyers obviously have to be good wordsmiths, i.e., all that legal mumbo jumbo, that no one but themselves can comprehend..aka bullshit.
Give that mathematical genius a raise, Barry Boy. She saved you and your client's arse this time....I don't think you would be so successful without her next time.
With all this Google Math and new defense tricks, the next Wise Co. jury could have found this guy intoxicated. I hope you enjoy your clients new found freedom when he runs over a two year old child this weekend because he thinks he is "okay" to drive.
I always though decelerate was one of them made up words.
4:35: do you love justice so much you just want to smother it? Are you from MADD?
I like your Google Power Points (and am impressed with your verdict, especially in light of the breath test). I don't do criminal defense but I do civil trials and I applaud good work in front of a jury when I see it. Well done.
Ok so lets see if I understand, You got this 21 old off, knowing that he had been drinking and driving? or did I miss something? anyway Good Job from your point of view You got paid to do a job and you did. right or worng Hopefully this young person will realize how very well he could have been living with alot worse than this on his mind. Either way when I ever decide to step over the line and get into trouble nice to know who to call. right amount of money and google research and I could possible walk free.... kudos to you
I'm sorry, I thought the law said .08 is legally drunk. Looks like your subj was legally drunk. Thank's for letting another one go. This only encourages them to do it again thinking they can pay a high priced lawyer to get him out of his mess. Hopefully next time he will also be lucky & not kill himself or some innocent mother/father with children at home.
Its good thing Rockin E came into town they should keep barry in business
Congrats:
You forgot to add that Intoxication also means loss of normal use of mental and physical faculites.
.080 and throwing firecrakers out the window... I've got a good powerpoint w/t a 3x fatal crash caused by a person with a .091&.086 I guess he should have hires you and you could have gotton him off.
To 1:45 am:
You are exactly right. 0.08 or greater is the definition of intoxication under the law in Texas. The jury simply ignored the evidence. Driving is a very complex task which requires the full use of 3 of your five senses and simultaneously controlling the muscles of different parts of your body and exercising judgment in the handling of the vehicle. However, he didn't really avoid all of the consequences of his poor choice. He still was arrested and had to make bail. He still had to hire an attorney (unless he was too poor and had one appointed at taxpayer expense). He still had to sweat through a trial and the waiting time before with court docket appearances. I hope he learned some lesson from that. He has no idea what it would be like to live the rest of his life knowing he killed another person through his own stupidity.
BY THE WAY, DON'T FORGET TO VOTE!
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