Had a trial in Essex yesterday that resulted in an aquittal. The back story is funny. I am sitting on my patio one Friday night enjoying the autumn air when I hear a BOOM and the power in my house goes out. I say “some drunk just hit the BGE pole.” Two hours later power is restored. You know what is coming next. The following week a new client comes in and explains how he was travelling on Greenspring Avenue when the guy in front of him stopped suddenly and he had to hit his brakes and pull to the right to avoid colliding with the car…..instead he knocked my lights out. I told him about my comment and he went home and told his wife who also found it hilarious.
There was a video and I thought it helped. His head hit the windshield and it was a mess. He had a previousl leg injury and was constantly holding and rubbing his leg (including in the station), so no SFSTs. He attempted to take the breath test but could not provide a sufficient sample. He was subjected to sarcasm from the technician who thought he was fine. The video showed him holding his rib area while trying to blow. HE HAD A FRACTURED RIB. I thought the State had “bupkus”- NOT DICK BUTKUS of Chicago Bears fame. It is a commonly used Yiddish word for “nothing”- no I do not speak Yiddish either.
The Judge, who is not Jewish, also thought they had “bupkus” and found my client not guilty. The good news is he has moved south of my BGE pole so the next time a moron stops suddenly in the roadway in front of him, someone else’s light will get knocked out.