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FAYETTE COUNTY STATE COURT: Single Vehicle Accident - Refusal - Motion In Limine Denied: Client Found NOT GUILTY of All Charges

Wednesday, October 24, 2012

Client was in a single vehicle accident near Highway 270 and Helmer Rd. Client was in a friend's car ready to leave the scene when an officer arrived. He approached the passenger side of the vehicle and notice the odor of an alcoholic beverage and vomit emitted from our client. When asked to perform field sobriety tests, our client was uneasy on her feet. The officer then noticed what looked like vomit on our client's person. Client failed the Horizontal Gaze Nystagmus (eye test), Walk and Turn, and One Leg Stand field sobriety tests. A hand-held breath test gave a positive result for alcohol ingestion. Client was arrested, refused any further tests, and was charged with DUI less safe and failure to maintain lane in Fayette County State Court.

Before trial, the Motion In Limine (to restrict the admittance or mention of certain evidence in trial) was denied. Trial strategy was to propose food poisoning. At trial our client was found Not Guilty of all charges.





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