My client was involved in a motorcycle accident resulting in his bike an body lying on someone’s front lawn when discovered by the homeowner.  When police arrived, the client was being treated be EMTs and was transported to the local hospital where blood was taken “for medical purposes.”   The blood alcohol level was .19.

The police responded to the hospital and questioned my client about his odor of alcohol, where he had been drinking and how much he had to drink.  As a result of the blood alcohol levels and my clients statements, the client was charged with his second offense OUI.

At trial I did not question the blood alcohol level but merely relied upon the lack of evidence that my client was driving the motorcycle.  Despite the officer’s testimony that he saw my client laying 10 feet from the crashed bike, he admitted that he never directly asked if my client was driving.  Oops.  Was my client a passenger?   

After trial the police officer, prosecutor and judge admitted that they never saw it coming.  It takes an experienced eye to see all the issues.  Another example of why it is critical to make the government prove their case.

Ed

This entry was posted on Monday, April 20th, 2009 at 1:05 pm and is filed under Success Stories. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.