The trial was today and I received the video Friday. I watch the video and the first thing I see is that the officer could have done the SFSTs between his car and the client’s car because a second officer had pulled up behind him, allowing for protection from a rear end collision. The video is now obscured, but not enough for me to see the defects in the testing. I watch the video and it is clear that my client does them almost perfectly, especially since he gave incorrect instructions on the heel to toe test. I then rewatch the video comparing it to the police report and the police report is inaccurate. The client is wearing sandals, not boots, and she did not “take her boots off and walk barefoot.” The sandals were visible when she walked to the police car. The officer wrote down the instructions he gave for the heel to toe, but he did not verbally give those instructions. I watched the video multiple times to make sure I did not miss anything he said.
The prosecutor who is brand new picks up on the shoes. However, she is in no position to deal the DUI charges away and offers me a plea to the DWI lesser offense. I offer her one of the minor traffic. Next thing I know a Circuit Court prosecutor has been called to help with the case. She and I have probably had a zillion cases against one another. My client’s mother remarks that there are now 4 prosecutors involved in this case as some of the other prosecutors from other courtrooms have come to help. I tell her that is what happens with me, but I don’t care how many they bring in because the video is the video. The breath technician cannot be located so they ask for a continuance until the afternoon. The judge shakes his head and suggests they talk to me about resolving the case. The Circuit Court and District Court prosecutors and I go out of the courtroom to discuss the case. I explain why they are going to lose. They want something, so we agree to amend the traffic control device to a Reckless with a PBJ and a fine. Again I go to the clerks office and file the expungement for the DUI charges. All of this does not happen without videos. The officer who knew it was going to be ugly comes up to me and shakes my hand and wishes the client and her parents well. The client goes back to college tomorrow.