This client was charged with an OWI which involved her striking a parked vehicle. Client was arrested and submitted to a breath test which showed a result of .21. There was no real offer in the case, so we proceeded to trial.

At the trial, the prosecution was unable to establish the time of operation, which we have repeatedly indicated in previous posts, how useful that can be. So, the Court threw the test result out, that was step #1. The prosecution tried to do the case without calling the trainee officer (who did most of the investigation) and instead relying on the training officer. When the training officer testified, he could not testify about his observations as he stated he wasn't really watching. That was step #2. Without the testimony of the actual cop who did field sobriety tests, it was a lost cause for the prosecution. Client was acquitted of both charges.