State v. Mr. C (DMC No. 19021)

State v. Mr. C (DMC No. 19021) – DUI & DWI (.103 BAC with accident) – Complete Acquittal/Not Guilty at Jury Trial – Jul 3, 2025 – South Mountain Justice Court (Case No. TR2024-130870):

Mr. C was driving on the I-10 near milepost 151, when another vehicle pulled in front of him, causing him to strike the other car. He then pulled over, and both people waited for the Police to arrive. Unfortunately, the other driver had alleged that Mr. C was trying to feel the scene, and when the Officer showed up he was already in a bad mood. Once he detected an odor of alcohol on Mr. C’s breath, he began requesting Field Sobriety Tests.

Our Client initially was going to do the tests, but then indicated he had a physical disability which would not allow him to do some of the balancing tests. The Officer then claimed that he smelled alcohol, and that MR. C had slurred speech, and then he placed Mr. C under arrest. Mr. C was taken to the Station, and he was read his Miranda Rights. It was at that time he contacted DM Cantor and spoke to us on the phone.

He ultimately provided a blood sample which came back with a reading of a .103 BAC, and he was released. When we went to Jury Trial, we were able to prove that the other driver was not being truthful when she claimed that Mr. C tried to flee the scene. In fact, the Officer made that determination on the scene and decided to not cite Mr. C for a Hit and Run violation. We also showed that he had a viable reason for not doing the Field Sobriety Tests, and that his speech pattern always sounded, as the Officer called it, “slurred”. Ultimately, we also presented evidence that the blood testing methodology used with Mr. C’s sample had some very serious doubts. The Jury returned the verdict of Not Guilty on All Charges after deliberating for less than one hour. Mr. C now has No Criminal Conviction on his Record.

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