Before I could get to the “lying eyes” quote the judge said when I moved to suppress the arrest that this was a close case. That means no proof beyond a reasonable doubt. But he was impressed with my 5’11” inch 250 pounds of girth performance on the SFSTs.
Now the officer who is also part of the DUI task force wanted to fight me on everything. My client’s speech was no more slurred than this Blog. The judge never heard it and neither did I. However he insisted that when he was counting and the number 6 was involved that he slurred that numeral. SO, I went through all the things my client said to him on the video and asked what words were slurred. He would answer that those weren’t but others were. I said this was a simple yes or no but he wanted to argue. It did not help the State’s case, and accentuated how well my client did. My client even had the mental acuity to ask the office if my client should turn on his headlights to illuminate the SFSTs area in front of his car. His speech was not slurred then either. The end result was a not guilty. When you have good facts you should generate a reasonable doubt.