#DCLawyer In Court Today: Client Found Not Guilty of DUI Charges!

  • K. Lawson Wellington,
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“Probably does not carry the day. The evidence is not compelling enough!” — Judge M. L___. #NotGuilty! (Get your damn hands off me! #HOV #ReasonableDoubt). Client acquitted of #DUI charges after trial. #ImDoneHere! • We #defend! • Attorneys in Washington, #DC & Maryland • ‘Tell a friend to tell a friend’✌🏿

When the prosecutor’s first witness* says, “I honestly cannot SAY he was drunk or nothing.” It may have been the clearest sign where this case where was going. Arresting Officer Z was not any different, really. He testified that client had a “strong chemical odor emanating from him”, but could not definitively say whether it was that of an alcoholic** beverage or that of a drug. He did say, however, that client lit a cigarette “in an attempt to mask the odor”. Except that he grudgingly admitted that client’s speech was “not slurred” and he was not “exhibiting ANY difficulty with his balance” (other than when trying to perform the Walk and Turn and the One-Legged Stand tests). He agreed that these are common clues of impairment. Notwithstanding, and “given the “totality of the circumstances” he formed an opinion that client was “impaired by alcohol, a drug or a combination thereof.”

Judge said, “It’s not crystal clear” and “absent compelling evidence” I cannot find that the government has proven it’s case beyond a reasonable doubt. Therefore, I find him “Not Guilty.”

*Client was involved in a fender bender with her vehicle resulting in the police been called.
**After arriving at the station, Officer testifies that a search of the client’s car resulted in the finding of a bottle of brandy in the center console. When he smelled it it had an odor “consistent with that of an alcoholic beverage” proving – to client’s benefit – that he does, in fact, know what alcohol smells like.

— #DCLawyer
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*#DC police are now equipped with body worn cameras (BWC). Say #LESS! Do #LESS! Less is #MORE!

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