“Not guilty! Take your damn hands off me!” #DUI & #DWI (ALLEGATIONS) jury* trial over and the verdict is in after about an hour of deliberations: Not Guilty of DUI!  We #DEFEND!!  #ImDoneHere! #DCLawyer —

Judge B.W.: “What say you all, Mr. Foreman?”

*Mr. Foreman: “Not guilty! Y’all got to feel me…” (Echoes of #JayZ.)

Not the red light violation turning into a full blown DUI drunk-driving investigation.  The police also testified that my client failed to pull over right away and “hit the curb” when he “eventually pulled over.”  Tip of the Day: As soon as an officer detects an “odor of alcohol” at your vehicle, he or she immediately, all too often unbeknownst to you, begins a DUI or operating while impaired (#OWI) investigation mentally.  As such, be VERY careful that you say, or do, ANYTHING to further that seemingly innocuous effort. #SayLESS, #DoLESS! #LESSisMORE!**

The jury did not find it reasonable that there was no evidentiary testimony of slurred, or even slightly, affected speech; no obvious or glaring balance or gait issues — sway, stumble, stagger, falling over; no glassy, glossy, puffy, red eyes and no indication of whether any odor of alcohol was strong, moderate or faint.  In retrospect, I truly don’t think the officer himself believed the narrative that he was trying (desperately even) to convince the jury of.

**REFUSE any request — it’s NOT a command or order — to perform ALL three (3) Standard Field Sobriety Tests^ (SFSTs).  Simply, indicate to the police that you do not wish to do them — it’s your RIGHT!  Think of it as Miranda (warning), but for actions as opposed to speech and remaining silent.

^These tests are the Horizontal Gaze Nystagmus (HGN), Walk and Turn (W&T) and the One-Legged Stand (OLS). “Just say No”.

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