March 8th, 2011: DUI Trial(3rd DUI mandatory jail)-Verdict: NOT GUILTY
March 8, 2011 On December 6th,2009, the South Palm Beach Police Department arrested my client for DUI. They alleged that he failed to yield to traffic almost causing an accident by turning in front of a marked police cruiser. When the officer made contact with the driver he noticed the driver had the "distinct odor of an unknown alcoholic beverage." The driver's eyes were also glassy and bloodshot. He also had a flushed appearance consistent with alcohol intoxication. The driver admitted to having drank "about five beers." The officer then asked the driver to perform some field sobriety exercises, which my client refused to do. The driver was arrested and taken to the Palm Beach County Jail's Breath Alcohol Testing Facility(BAT center). It was alleged that once at the jail my client became hostile and uncooperative screaming profanity at the officers. It was then that my client refused to submit a sample of his breath. This was my client's third arrest for DUI, having two prior convictions in Virginia.
The case was originally set for trial on January 25th, 2010, and, in fact, we tried the case. A jury panel was selected and the opening statements had been completed. However, during the testimony of the State's first witness the arresting officer made an improper comment on my client's right to remain silent. I moved for a miss-trial and Judge Cohen granted it. Thus, the case was set for re-trial on March 8th, 2011.
On March 8th, 2011, we were before Judge Damico. We agreed to wave Jury Trial and have a Bench Trial or Non-Jury Trial. This is a strategic decision to have a Judge decide the case verses a Jury of 6 citizens. The State presented the police officer who made the arrest, I cross examined the officer. The Defense put on one witness and my client exercised his 5th amendmentright to remain silent. The Judge found my client NOT GUILTY.
Robert Norvell | Comments Off | 

