Case Number: 432015-CF-260CFAXMX / 2015-MM-001564-A
Overview: On February 23, 2015, three civilian witnesses saw a pickup truck leaving
a parking lot, jump a curb, swerve all over the roadway, drive in excess
of 80mph, nearly hit and injure a motorcyclist, and continue to drive
recklessly. They called 911 to report it. An officer responded and saw
the same pickup truck driving erratically. When the officer activated
his lights and sirens, the pickup truck ignored the officer, continuing
to drive for another half mile before pulling over. While asking the driver
for his license, registration, and insurance, the officer noticed a strong
odor of alcohol, slurred speech, and bloodshot eyes; he also noticed the
driver was fumbling through his wallet and kept passing his license. The
officer asked the driver to get out of the car, after which the officer
activated his dash cam audio/video recorder.
The driver admitted to drinking and exhibited slurred speech on the video.
He also failed to perform to standard on the sobriety tests (including
the walk-and-turn, Rhomberg balance, and one-leg stand). The driver was
arrested for DUI and searched. A search of his pockets revealed a clear
plastic baggie containing loose white pills and marijuana. Later, at the
police station, while still being audio/video recorded, the driver admitted
to being “impaired” by alcohol and provided breath samples.
His breath over twice the legal limit, showing as a .0189 and 0.194 g/210L.
Several pre-trial motions were filed which resulted in the two drug counts
being nolle prossequi before trial, and, after a full jury trial where
all three civilians and two police officers testified and the video from
the scene was played for the jury, the client was acquitted on the DUI.
(After trial, a juror emailed to explain that he thought the defense exposed
“extreme disturbing police prejudice and unprofessional conduct
in this case.”)