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Our client was driving in Jax Beach and ran a stop sign. He was stopped and performed field sobriety exercises for the officer and was arrested and refused a breath test. A jury was selected. At trial, we focused on the officer’s lack of memory of details of our client’s field sobriety exercises. The breath test operator did not remember him but took detailed notes of his contact with our client. He walked our client from the intake area to the breath test room. He observed bloodshot, watery eyes and an odor of an alcoholic beverage on his breath. On cross-examination we brought out he observed no signs of impairment, merely signs of ingestion. The jury returned a NOT GUILTY verdict in 67 minutes.

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