Blood / Alcohol Content (BAC): .14%
Defense: Exclusion of blood results and lack of other evidence
Defense Attorney: Vincent LoConte
Offense: Operating Under the Influence Crash (OUI, DUI, DWI)
Maximum Sentence: 364 days in Jail (Mandatory one-year CDL suspension)
Client went off the road and crashed into a tree. EMTs came to remove him from the vehicle and rush him to the hospital.
Two civilians came over to crash to see if client was okay before EMTs and police arrived. They testified that they smelled alcohol. At trial, they were contradicted by the officers who admitted they did not smell alcohol.
The State introduced evidence of a beer can found outside of the vehicle after the crash and submitted a photograph to the jury. On cross-examination, the Officer admitted the can could have been there before the crash and that there was other trash already in the area. He also was seen on his body camera during cross examination moving the can from under the snow to place it next to the passenger door before taking the picture.
When taken to the hospital, Client's blood was drawn. The result showed a .14% BAC. Before the trial started, the defense successfully argued to exclude that result by pointing to established case law stating that the State had the burden to show who drew the blood and establish a chain of custody. The State failed to meet this burden and that blood result was deemed unreliable and kept out of the trial.
Verdict:Not Guilty