The client was a young man (21 years of age) charged with DUI. At trial, the officer testified that the client was stopped for almost striking a truck on I-95 and then speeding away. The officer further testified that our client could barely stand up, was swaying, had bloodshot eyes, slurred speech, and a strong odor of an alcoholic beverage coming from his breath. The officer told the jury that our client could not find his license and that he fumbled through his wallet. After a series of roadside exercises which were videotaped, the officer arrested our client and took him to jail. The client refused the breath test.
On cross-examination, Mr. O’Toole carefully picked apart the officer’s testimony. The roadside exercises were not done on an even roadway clear of debris. The client also had knee problems as a result of many years of surfing. In his closing argument, Mr. O’Toole persuaded the jury to find our client NOT GUILTY. This took only 15 minutes.
Following trial, the jury thanked Mr. O’Toole for helping our young client.