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.
Author Bio
J. RUSSELL W. DeMENT III
RALEIGH CRIMINAL DEFENSE LAWYER
Russell W. “Rusty” DeMent III is a trial lawyer and managing partner at DeMent Askew Johnson & Marshall. A former Wake County Assistant District Attorney, he brings decades of courtroom experience to defending serious criminal charges in both state and federal courts, including DWI, violent crimes, and drug offenses.
Regularly recognized in Best Lawyers in America, Super Lawyers, and Business North Carolina’s Legal Elite, Rusty is a Fellow of the National College for DUI Defense and the Litigation Counsel of America. His legal insight and calm command in high-stakes cases make him a trusted advocate across North Carolina.
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