In this case Mr. Werrbach was charged with a DUI 2nd offense but was functionally facing a felony DUI as he had a prior DUI in 2004 and another DUI pending at the time of trial. Had we lost, the other pending DUI would have been amended to a felony. Police became involved because he and an acquaintance were broken down on the side of the freeway. He blew .23 after being arrested by ISP. I argued he was not the driver. He was acquitted after jury trial.
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Here, Mr. Thomas was stopped by ISP. He was ordered from the vehicle where he performed standardized field sobriety tests. ISP patrol vehicles actually have video attached to them. At the station Mr. Thomas refused to give a breath sample for his BAC. At the DUI trial I used the audio and video to argue he was not impaired. Nick was acquitted after jury trial.
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In this case, Ms. Carlson was charged with a 2nd offense DUI. She was stopped by a Boise police officer and later refused to give a breath sample. The audio from the stop revealed the officer unreasonably antagonizing Ms. Carlson. We planned to argue this was why she refused the breath test. The morning of trial we picked the jury and broke for lunch. When we returned, the state informed us they were unable to contact the officer for trial. As the jury had already been sworn in and double jeopardy had attached, the state was forced to dismiss.
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