Not Guilty .240 breath test! January 2020 State v. B.D.
Nate Webb, managing partner of the Webb Law Firm, was able to obtain a Not Guilty (Acquittal) for a client alleged to have been DUI and Actual Physical Control of a motor vehicle while under the influence. The defendant was alleged to have driven into the parking lot of a restaurant, blocked all the vehicles in the parking (preventing any from exiting), and passed out. The defendant was found passed out behind the wheel, was asked to exit, was alleged to have been extremely intoxicated (exhibiting the effects of alcohol - slurred speech, unsteady on his feet). The defendant refused all field sobriety tests and then submitted to a breath test with the following results: .236 .240 and .234 .237. Mr. Webb asserted the "safely off the roadway defense" and the jury acquitted the defendant on the Actual Physical Control. The DUI was dismissed via a half-time (Directed Verdict) motion as there was no proof of driving.
Practice area(s): DUI / DWI