{"id":47,"date":"2018-11-15T07:05:03","date_gmt":"2018-11-15T07:05:03","guid":{"rendered":"http:\/\/www.mytsys.in\/personalinjury\/?p=47"},"modified":"2018-11-15T07:05:03","modified_gmt":"2018-11-15T07:05:03","slug":"state-v-e-o-dui","status":"publish","type":"post","link":"https:\/\/spanishinjury.aolegal.com\/?p=47","title":{"rendered":"STATE V. E.O. (DUI)"},"content":{"rendered":"

The client was charged with DUI.\u00a0 At the roadside, the client admitted to drinking at a local night club.\u00a0 Moreover, the client performed poorly on the roadside exercises.\u00a0 The videotape revealed that our client could not speak coherently,\u00a0had poor dexterity,\u00a0and that she spoke several different languages.\u00a0 Mr. O’Toole took the case to trial.\u00a0 At trial, Mr. O’Toole knew the police officer would try to persuade the jury that everything is a sign of impairment by alcohol, including someone speaking different languages.\u00a0 This is how the police work, they take a fact and spin it in front of the jury (i.e. – driving too fast, driving too slow – both are signs of impairment by alcohol).<\/p>\n

Mr. O’Toole successfully cross-examined a seasoned officer on the stand and got him to admit that there is no driving pattern that cannot be construed as a sign of DUI.\u00a0 After that, the officer pretty much shut down and Mr. O’Toole had his way.\u00a0 The prosecution then argued to the jury that since the client refused the breath test, she must be guilty because she was hiding something.\u00a0 Mr. O’Toole demonstrated to the jury that when the prosecution have nothing else, they make that argument.<\/p>\n

The result:\u00a0 15 minutes\u00a0NOT GUILTY<\/strong>\u00a0verdict.<\/p>\n

The police officer told Mr. O’Toole that he had never been cross-examined so effectively and shook Mr. O’Toole’s hand after trial.\u00a0 The judge told Mr. O’Toole that she was sure the jury would come back guilty based upon the videotape.<\/p>\n<\/div>

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