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State v. Mr. H (DMC No. 14708)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL/DUI & DWI (.105 BAC) – State v. Mr. H (DMC No. 14708) AUG 25, 2017 (Florence Justice Court TR2016-000336): Mr. H had previous DUI’s and vehicular Aggravated Assault convictions. Although his 1 previous felony had been expunged, he did have 2 prior DUI convictions in his lifetime. In this particular instance, he was pulled over for allegedly not signaling prior to 100 feet of making a right turn. The officer also claimed that Mr. H went through a stop sign without coming to a full stop. He was subsequently investigated for DUI and produced a Blood Alcohol Concentration of .105.

At Trial, we were able to call into question the officers actual observations. It appeared that the officer pulled over Mr. H as a “pre text” stop, in which he was just looking for possible DUI drivers. We were also able to show the Jury that he performed very well on his Field Sobriety Tests and that he had only consumed 4 beers throughout the entire night. This called the accuracy of the blood test into question. He was ultimately found Not Guilty of all charges.

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