By Bo Kalabus
24 Hour Jail Release 214-402-4364
The client was pulled over for having a headlight out in the early morning hours last September. Once at the driver's side window, the trooper smelled the odor of alcohol beverage and when asked, my client admitted to drinking. The trooper asked my client to step out of the vehicle, and began to administer field sobriety tests. The client performed poorly on tests and refused to take a breath or blood test. Seems like a certain conviction for the State of Texas right?
My client had a professional license that was on the line following the arrest and his career would be ruined if he lost the case, or plead guilty. This was certainly one case where failure was not an option.
As I said earlier, my client had performed poorly on the filed sobriety tests, which are essentially roadside gymnastics. If a person has a bad back or foot problems they are not a good candidates for these standardized tests. Well, as it turns out, my client was young, but was 40% disabled from injuries sustained while in the armed forces. Moreover, his primary disability was degenerative back disease that causes him constant chronic pain. He also had injuries to his feet that required him to wear inserts in his shoes. As you can see, my client was set up to fail the field sobriety tests from the start and the deck was stacked against him.
At the trial, I introduced my client's medical records as evidence of his well-documented history of medical problems. I also got the trooper to admit on cross examination that he had the power to seek a warrant to have my client's blood drawn for testing and he elected not to do so. Further, the trooper admitted that there were alternative field sobriety tests he could have administered in lieu of the tests he gave, but again, he elected not to do so. Following my final arguments after a two-day trial, the jury found my client Not Guilty after an hour of deliberation.
In the final analysis, this was a case where there was enough evidence to arrest my client, but the evidence did not come close to proof beyond reasonable doubt of guilt at trial. The client was beyond relieved and very pleased with the result.