DUI with .12% not guilty
On a late spring afternoon client was returning home. He had the windows of his pickup truck down when a gust of wind blew his hat off. As he grabbed for his hat he swerved off the road and got stuck in the soft sand of the shoulder. He was unable to get his truck out of the sand. Two men nearby saw client in trouble and came to offer assistance. They were unable to move the truck and client walked home which was a few houses down the road, to call for a tow truck.
While waiting for the tow truck client decided to drink beer. Eventually the police arrived and arrested client for driving under the influence of alcohol.
A blood alcohol test was conducted and the ratio of alcohol was above ,12%.
At trial the two witnesses were called to testify. One testified that client was unsteady on his feet and smelled of beer. The second man testified that he did not notice any unreasonable behavior and did not smell of beer.
In cross examination Brian DiPietro was able to have the first witness admit that the closest he came to the client was about 10 feet while the second witness was within a couple of feet to client while talking with him.
The jury was not convinced that client drank alcohol before driving and found him not guilty.
