McCready Beats DUI Rap
by Natalie Finn
Jul 19, 2006, 4:55 PM PT
courtesy of http://www.Eonline.com

Mindy McCready won’t be staying the night in jail–and she’s got some new song fodder to boot.

The oft-troubled country singer was found not guilty Wednesday of a DUI charge stemming from a May 2005 arrest, although a Nashville jury did convict her of driving with a suspended license.

McCready, 30, was pulled over last spring for speeding and refused to take a breath test after police smelled alcohol. Kenneth Dixon, the arresting officer, testified Monday that the “If I Don’t Stay the Night” artist had been wobbly on her feet and that her eyes were watery and bloodshot that night.

Attorney Lee Dryer had argued that his client, who was driving a friend’s car when she was arrested, had actually been performing a good deed, giving a friend who was too drunk to drive a ride home from the nightclub the two had been at. Dryer also said that the sobriety test McCready was forced to take wasn’t given properly and that the songstress had removed her shoes and found it hard to walk steadily in her supposedly too-long pants.

Jurors were apparently swayed by police video of the arrest, which was screened during the three-day trial…

Every citizen has a right to refuse a breath test, although they may risk a license suspension. It is much more difficult for the Government to prove a “less safe” dui or a dui without a blood or breath test than a “per se” dui or a dui without a breath test.  This is especially true since at the legal limit of 0.08 grams of alcohol, a person on a cell phone with an ear bud is more dangerous.  See July 19th, 2006 post. Further, frequently jurors will see a video of field exercises and can simply use their common sense and see the lack of impairment.  Videos are very important but unfortunately not required by law.  In fact, government prosecutors in Georgia have lobbied tirelessly while on the government time clock to actually prevent easy access to defense attorneys to these videos and to prevent a requirement that all police vehicles have video equipment. You don’t have to be rich or famous to refuse a breath test and beat a dui.

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