Our client’s driving was horrible. She almost struck a wall on JTB. The officer following her stopped her. She was crying. She performed field sobriety exercises. Her performance was neither good nor bad. She was arrested. All was captured on video. She refused a breath test. At trial she testified she was texting her boyfriend who had just broken up with her. The jury was hung.
At the second trial, we kept the video out of evidence. The arresting officer’s description of things was not detailed because he and the prosecutor expected to testify from the video so were not prepared for detailed testimony. Our client used her cell phone provider’s bill to testify she was receiving texts from her boyfriend during her obviously poor driving.
We argued it was her “very bad day” because her boyfriend just broke up with her, her mother was in the hospital, and she was arrested for DUI and asked the jury to make today her “very good day.” They did. NOT GUILTY in 44 minutes.
