We had an interesting development in a case yesterday. We ended up with two police officers on the jury panel on a DWI case. Both officers had extensive experience in administering roadside standardized field sobriety tests (SSFST). Both officers had stated during voir dire that the tests must be done exactly as prescribed or were not valid. I think that the prosecution thought that I would strike a cop fro the panel just becaue he or se is acop (wrong). Our defense was that the SFST in this case was not done correctly, so did not prove that the Defendant was intoxicated. Also, there was no breath or blood test given and the Defendant did not appear intoxicated on video at all. All the sudden after the judge empanelled the Jury, the state filed a motion to dismiss the charges. So, I am left to wonder if the prosecution realized that the two police officers on the jury panel would bring their own knowledge and extensive experience into the case, and have to in their own good conscious, find the Defendant not guilty? Strike another win for me!
Posted on: Tue, 04 Nov 2014 13:25:30 +0000
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