Not Guilty of Felony DUI at Jury Trial

An immigrant to the United States was charged with Felony DUI, Misdemeanor Alcohol Restricted Driver, Misdemeanor Driving on a Suspended License and a Head Lamp Violation.  The police stopped the defendant for the head lamp violation, which then turned into a DUI stop.  The police officer requested that the defendant perform the field sobriety tests, which he failed.  The police officer then requested a breath test.  The defendant refused to take a breath test and started cursing at the police officer.   No warrant for the defendant’s blood was executed.  The jury accepted the argument that if the defendant was truly guilty of Felony DUI and the other Misdemeanor charges, then surely the police officer would have requested a warrant from a judge to draw the defendant’s blood in order to determine if he was intoxicated.  The jury accepted this defense and found the Defendant not guilty of all charges except the head lamp violation for which the defendant was fined $40.

• Clayton Simms
• Uncategorized , Victories
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