BASIC FACTS: At about midnight, a police officer received a call from dispatch that a man was asleep in his car in a parking lot with the engine of his car running.  The officer arrived, and saw the driver in his car with his engine running and the lights on.  The driver was seated in a “slouched” or “slumped” fashion.  The officer banged on the window until the driver opened his eyes and looked at the officer.  The officer then opened the driver’s door and asked him to get out and perform a series of roadside balancing tricks.  The driver was cooperative and agreed to get out, but he began to vomit as he stepped out of the car.  He continued to vomit so profusely that the officer decided against field sobriety testing and arrested the driver and charged him with DWI.  The driver decided to risk blowing into the breath testing box at the police station.  He blew a .13 twice. 

After his arrest, the defendant hired Attorney Stevens to fight the DWI charges.

TRIAL STRATEGY AND DEFENSE:        Attorney Stevens challenged the breath test results at trial successfully and the alleged “results” of the breath test were not admitted into evidence at trial.  The “per se” DWI charge (the complaint that charged that the driver was over a .08 breath alcohol concentration) was dismissed at the close of the state’s case.  That left the stand-up DWI charge that alleged that the driver was operating on a public way while impaired by alcohol.  On this charge, the state failed to prove its case beyond a reasonable doubt, particularly the element of the offense that alleged “public way” and the driver was found NOT GUILTY!!!  

This driver avoided a DWI conviction.  Attorney Stevens also succeeded at the ALS hearing in this case; the driver never lost his right to drive at all.

RESULT:       NOT GUILTY ON DWI CHARGES!!!

Attorney Stevens thanks God for this successful defense!!!

“Behold the Lord’s eye is upon those who fear Him, who wait for Him and hope in His mercy and loving-kindness, to deliver them from death and keep them alive in famine.”  Psalm 33.

Contact Information:
If you leave a voice message or send an email, please include ONLY the following information:

• Date of any alleged offense you have been charged with.
• The court in which you have been told to appear.
• The date and time you have been told to appear.

Information in this column should not be construed as legal advice and does not constitute an engagement of the Mark Stevens Law Office, nor any attorney associated with the Mark Stevens Law Office. The information contained herein is of a general nature and may not apply to any particular set of facts and circumstances. Please bear in mind that laws change frequently. We will make an effort to update the information on a regular basis, but are under no obligation to do so. No part of this document, nor any information contained in this website, may be disseminated without this paragraph. This may be considered legal advertising.

www.1-800-dial-dui.com

Original Web Page Development by Randy Bone.
Copyright 2007, Attorney Mark Stevens, All rights reserved.
All brand or product names are trademarks or registered trademarks of their respective companies or organizations.