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Case Results

Case No.: 4433XDY; Dade County, Judge Edward Newman; October 11, 2011.

Allegations: My client was accused of failing to yield the right of way to a police officer, running a red light, smelling of alcohol, having slurred speech, failing roadside sobriety tests and blowing a .077//084 breath alcohol level on an Intoxilyzer 8000 breath test machine.

Tools: Jury Trial. This is a case that should not have been prosecuted. My client's performance on the roadside tests was actually good. The breath test results had ‘built-in' reasonable doubt. The jury understood that when one sample was below the legal limit, and one sample was above the legal limit, you cannot convict in a ‘beyond a reasonable doubt' system. They acquitted my client of all charges within twenty minutes of the beginning of their deliberations.