Our client, Paul, was stopped in Midlothian because he was drifting between lanes and almost collided with a police car.
Paul was arrested and charged with Driving Under the Influence of Alcohol.
At trial, the officer testified that Paul had a strong odor of alcohol emitting from his breath. The officer further testified that Paul had mumbled and slurred speech as well as glassy and bloodshot eyes. The officer explained that Paul stumbled while walking to the rear of his vehicle. The officer testified that in his opinion, Paul was under the influence of alcohol.
After extensive cross-examination and without calling our client, we argued that the State failed to prove that Paul was driving under the influence of alcohol.
Paul was found not guilty of DUI.