Well it took 3 days because of the sparse courtroom time that was available, but my client was acquitted and keeps his CDL. I let in evidence that the State did not produce a foundation for because I needed the jury to see the whole picture. It was a speeding case with a .07 breath test. A .07 by itself is not enough to convict of either DUI or DWI. I maintained that there was no other impairment evidence to justify a DWI based on the breath test.
I didn’t think the State could get the speed in but I wanted the 43 in a 30 so the jury could not speculate. I told the jury that most of them drove that “fast” on their way to court. The State had failed to provide me with the certifications for the Intoximeter, but I didn’t want the jury to think my client refused the test making it worse than it really was.
My client did the field tests perfectly even though the officer claimed there were a few flaws not visible on the video. My client testified to what he drank, why he was out (picking up his wife), and why he stopped his vehicle where he did, even though the officer said he should have stopped sooner.
One of the problems I encountered was the Judge helping the young prosecutor. When I moved for the case to be dismissed, the judge gave the prosecutor arguments for her to use in her closing. The judge also tried to give a jury instruction that would have allowed to argue the .07 was higher. I had to point out that the instruction regarding the test result is based on the time it is given at the station. The State had not even requested the instruction, and the judge came up with this theory on her own.
I really didn’t think the case should be prosecuted based on all the evidence but it is Harford County. I did have one dropped two weeks before where there was truly no evidence, but you have to be ready for trial there- and I was.