Client was charged with DWI and failure to reduce speed.
He had left a restaurant in the late evening after having two very large beers and a bit to eat. While driving around a corner, he went off the road. The police responded within minutes. Client was put through the battery of field sobriety tests, was arrested and eventually blew a .14 at the station in downtown Winston Salem, where he was charged with DWI and failure to reduce speed. An unsuccessful motion was made regarding the accuracy of the field sobriety test; however, importantly, the testimony of the officer who testified was clearly not credible. This credibility issue was brought to the forefront by Mr. Fradin. After a full trial on the merits, and the officer’s credibility continually challenged, Mr. Fradin successfully argued to the Forsyth county court that the state had not met its burden of proving all elements of the crime beyond a reasonable doubt, and the Defendant was found not guilty of all charges.
The lesson: Always hold the state’s feet to the fire and make them prove their case and each element beyond a reasonable doubt!