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4/11/2005 - Posted by:
Stone, Taylor & Associates, P.A.
Phone: 904-396-3335
Alt. Phone: 904-399-3596
Fax: 904-399-4540
Mobile: 904-536-9309
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DUI Accident Case - Not Guilty Verdict

Our client was driving home after drinking wine in March 2004. It was getting dark and she was unfamiliar with the area. She was looking for her exit when the car in front of her stopped for a red light. She could not stop in time and hit the back of the other car. The first officer at the scene smelled alcohol on our client and called for a DUI Enforcement Officer to conduct a DUI investigation. Our client did not perform well on the field sobriety exercises. She also made statements about drinking wine. She was arrested and taken to the jail for a breath test. She refused. At trial three officers testified as well as the two civilian witnesses who were in the car she had hit. They testified that she had a strong odor of alcohol, slurred speech, bloodshot eyes, and that she was unsteady and off balance. However, they all neglected to realize that our client suffers from a nervous disorder that causes her to stutter and shake when under stress thus explaining some of those observations. We were able to bring that out at trial. Additionally, we were able to bring out facts about shadows and lighting as well as the confusing configuration of the streets that caused the distraction that resulted in the accident. 14 of 18 people on the jury pool were non-drinkers. All stated they could be fair so the jury was ultimately composed of 6 non-drinkers. After considering the defense theory of the case the jury unanimously found our client Not Guilty. Shortly thereafter in her separate DMV suspension case we prevailed on her appeal to get her license back from the DMV.

 
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