In July 2016 a Browning & Long, PLLC client was stopped by the North Carolina State Highway Patrol for running a red light in Charlotte. When the State Trooper approached our client’s vehicle he saw an empty beer can in plain sight and therefore, began a DWI investigation. The state trooper performed several standardized field sobriety tests, SFSTs, and then placed our client under arrest for DWI and other charges. The trooper then transported our client to a local Charlotte hospital to get a blood sample so his blood alcohol concentration, BAC, could be determined.
Upon being retained, our experienced lawyers thoroughly reviewed the case and immediately determined that the State Trooper did not conduct the DWI investigation properly. Specifically, he did not perform the SFSTs correctly. Due to trooper’s substandard investigation, we advised out client to take his case to trial.
During trial, the trooper testified that he believed our client was drunk since our client had red glassy eyes, slurred speech, a strong odor of alcohol coming from his breath, 4 empty beer cans located in the car, admitted to drinking 2 to 3 beers prior to driving, drove recklessly through a red light, and performed poorly on the SFSTs. On cross examination, our attorney vigorously questioned the state trooper and was able to demonstrate to the Judge that the trooper did not perform the SFSTs appropriately. Specifically, our attorney pointed out that the trooper performed the HGN while our client was sitting down and did not properly instruct our client how to do the Walk and Turn Test and the One Leg Stand. Furthermore, through our attorney’s dynamic cross examination, the Judge saw that the trooper was hiding the fact that our client did indeed perform well on some tests, specifically, the backwards count and ABC tests. Accordingly, the Judge did not give much weight to the trooper’s testimony and found our client not guilty of DWI.
A Not Guilty Verdict is the best outcome in any criminal matter. By being found not guilty, our client not only, avoided the harsh consequences of a DWI conviction but also, can have the fact that he was charged with a DWI expunged from his record.
