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Texas v. S.G.

Verdict

NOT GUILTY

DWI: State of Texas v. S.G.

Harris County: 12/05/2012

Client was offered DIVERT and turned it down. I even recommended that he take DIVERT because of how bad he looked on video. But he was adamant he wasn''t intoxicated and had faith that I could convey his story to the jury. Client was not intoxicated, he was different. He lived at home with his parents, never played sports, barely had a girlfriend. All he did was work and go to school. Very, very great guy. Went out and had some beers and got caught in the speed trap by the Corillion Center on Westheimer. Pulled over for speeding and the DWI Task Force used it as a training exercise to teach a new officer how to do SFSTs. HGN- 6, OLS almost fell over, and WAT stepped way off and took too many steps. But he had EXCELLENT mental faculties. From the start I explained to the jury that a person must lose their mental faculties before their physical faculties with intoxication. So, with excellent mental and poor physical, that means the loss of physical had to be due to nervousness, unfamiliarity with the tests, or just being uncoordinated. Client took the stand and let the jury know who he was and how uncoordinated he was. Jury followed the science and returned a just verdict of NOT GUILTY. (The scariest clients to take to trial are the innocent ones.)

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