My client was charged with driving under the influence of alcohol (DUI) in a Tulsa, Oklahoma Court. After filing several winning motions in limine where the government’s case was significantly impaired and the prosecutor realized that my client would likely get a not guilty verdict, the prosecution offered to amend the charge to improper lane change.
Among the reasons that my client would have likely received a not guilty is that the officer failed to perform two of the three regularly administered standardized field sobriety tests. In addition, there was no documentation by the police officer in the police report that the client exhibited any signs of impaired physical motor skills.
Generally an intoxicated person exhibits signs of intoxication through impaired physical motor movements. For example, when a person that is under suspicion for DUI steps out of the car for an officer to begin the standardized field sobriety tests the subject sometimes stumbles or leans on the car. All police officers look for this and view it as a sign of intoxication.
Since the officer did not document any motor skill impairments this was a sign that the client was not too intoxicated to drive. Additionally the officer did not properly perform the horizontal gaze and nystagmus (HGN) test. The prosecutor figured this out and offered to amend the DUI to improper lane change. Client plead no contest to the amended improper lane change and went home a happy DUI free driver.