Rusty DeMent, Alex Marshall, and Mia Chapman

NOT GUILTY ON POTENTIAL AGGRAVATED LEVEL ONE DWI

The defendant was stopped for speeding on the interstate by North Carolina State Highway Patrol. When the troopers approached the vehicle, they immediately noted smelling a strong odor of alcohol and cigarette smoke. They also noticed that there was a child in the car. When the troopers ran the defendant’s information, they discovered that he had an alcohol restriction on his license, so they had him blow into a roadside breath test to determine if he was driving in violation of the restriction. Once they determined that he was violating the restrictions, they had him perform standardized field sobriety tests. He performed poorly on the test and was arrested for Driving While Impaired, Child Abuse, and violating his license restriction. Through a knowledge of the elements and an ability to point out what was missing from the state’s evidence, Mr. Marshall was able to have the violation of licensing restriction charge dismissed mid-trial. Through detailed cross examination questions and a knowledge of the standardized field sobriety test, Mr. Marshall was able to discredit the reliability of those test for this case and the defendant was found not guilty of Driving While Impaired and not guilty of Child Abuse. Mr. Marshall’s defense prevented the defendant of being convicted of an Aggravated Level One DWI and from facing a three year jail sentence.

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