Most New York City residents may not realize that with a strong defense, one can successfully defend against drunk driving charges. One recent case highlights the fact that even when the facts seem straightforward and do not seem to be in an accused person's favor, acquittal may still be appropriate and achieved.
In this case, a politician was arrested on DUI charges earlier this year. According to police, the politician was weaving in and out of traffic in the early morning hours. He also turned without signaling on two separate occasions. When stopped and questioned by police, the politician and his date reportedly smelled like alcohol. They also allegedly had bloodshot, watery eyes.
According to the police report, the driver failed three field sobriety tests. Police then arrested him and took him into custody. He was charged with one misdemeanor count of driving under the influence of alcohol and one misdemeanor count of driving with a blood-alcohol-content of .08 or higher
His case, along with the evidence outlined above, was recently heard by a jury. Neither the driver nor his date took the witness stand to testify. Also, as a result of expert testimony, the jury was informed that the defendant's blood sample had likely been mishandled and may have resulted in a false BAC reading.
As a result, the evidence presented to the jury was not enough to convict the driver on the DUI charges, and they found him not guilty. After deliberating for nine hours, the jurors also could not reach a decision with regard to the second count.
Even when the evidence seems stacked against a defendant, effective representation can inspire acquittals when appropriate.
Source: MercuryNews.com, "Assemblyman acquitted on DUI charge stemming from Concord arrest," Maliaka Fraley, Aug. 27, 2012