Sample Drunk Driving Cases Handled by
Matthew B. Nichols
Case 11:
State v. W. G.
Defense Attorney: John Scott Webb
Offense: Second Offense OUI (refusal), Class
D
Maximum Sentence:
Synopsis: Client was arrested by local law
enforcement officer for OUI and refused to take a test.
Client was on way to working night shift and was stopped
for excessive speed and erratic operation after being followed
by the officer for over one mile. Officer had Client perform
field sobriety tests (including the “walk & turn”,
“one leg stand” and “finger to nose”)
near entrance to the industrial area. Client failed all
tests and was arrested. He was subsequently taken to the
station and offered a breath test. Client determined that
he had already given the officer “too much” evidence.
He then refused to take a test and became extremely uncooperative.
Defense counsel into question the details
of the operation of the vehicle, fairness and reliability
of the field sobriety tests and police procedures.
Result: Not Guilty
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