Not Guilty! OUI Jury Trial
9/16/2009
Case Type: OUI
Background:
Bangor, Maine
On October 26, 2008, our client was driving home from Bleacher’s Pub in Bangor, Maine. He traveled across the bridge into Brewer and as he was heading on Main Street a Brewer Police cruiser turned around and started after him. He took a left onto a little side street and was pulled over a few feet from the entrance to his apartment.
The officer approached and smelled alcohol in the vehicle. He also observed our client’s speech to be slow and deliberate and observed blood-shot and glassy eyes. Upon further questioning of our client he learned that our client had consumed two drinks.
Our client was asked to exit the cruiser and the officer observed he was unsteady and swayed. Upon administering the SFSTs the officer observed numerous clues and felt that he did poorly on the Field Sobriety tests. Specifically he observed 5 clues during the HGN. He observed 4 clues on the WAT and 2 clues on the OLS. These findings were more than enough to arrest him for OUI/DUI. Finally, he requested that our client take a breath test. Our client refused and he was arrested and brought to the PCJ. At the jail the officer read him implied consent and again offered our client a second chance to take the test.
Result:
At trial, Attorney Whipple was able to show the officer’s memory was weak and that he did a poor job drafting his report and administering the field sobriety tests. This was challenging given that the officer is a certified OUI/DUI instructor at the Maine Criminal Justice Academy. The jury agreed that despite the officer’s training and experience that he failed to establish that our client was impaired. Our client was found not guilty in less than an hour.
