Our client, Steven, was involved in a car accident. Steven was arrested and charged with Driving Under the Influence of Alcohol.
At trial, the State introduced a video into evidence where Steven can be heard speaking from inside a squad car after he was arrested. The complaining witness then testified by way of stipulation that Steven sideswiped her vehicle. She further testified by way of stipulation that she believed Steven was under the influence of alcohol. The arresting officer testified that Steven had bloodshot/glassy eyes and slurred/mumbled speech. The officer further testified that Steven appeared confused and repeatedly asked what was going on and why he was there. The officer testified that she believed that Steven was under the influence of alcohol.
At the end of the trial, we argued that the State failed to prove beyond a reasonable doubt that Steven was driving under the influence of alcohol. We argued that it was clear from the video that Steven’s voice was not slurred or mumbled.
The court granted the Petition to Rescind the Statutory Summary Suspension and found Steven not guilty of DUI.