Tag Archives: Evidentiary Breath Test

Is it possible for a client to win a DUI jury trial

About a year ago, I had the great pleasure of representing a client who actually worked for the Department of Defense, and he was an aerospace engineer. He truly was a rocket scientist. And this gentleman, unfortunately, was driving on the 91 freeway during construction time, and he struck a Jersey wall. The CHP arrived at the scene of the accident, my client’s vehicle was severely damaged, and when they spoke to my client, he told them he hadn’t drank any alcohol. Unfortunately, that was not true. Ultimately, he was arrested. A chemical test came back showing him to be a 0.11. He hired our office, because his entire career was on the line. He was told by his supervisors, even though he was well-liked and very well respected, that if he suffered a DUI conviction he would lose his job, a very high paying job, and more importantly, a very rewarding job for him. We tried for months and months and months to negotiate a resolution with the district attorney’s office in Riverside County, that would allow our clients to keep his job. Ultimately the district attorney rejected all our offers to resolve this case.

We tried that case for– it was a misdemeanor DUI trial, in Riverside County– for seven days, presenting expert testimony, where we used the art of psychodynamics to put the jury into the exact position that our client was facing, going through a road construction area, late At night, an area unfamiliar to him, scraping the side walls of a K-rail, and ultimately being contacted by the police. We were successful to put them into the position of our client, with a rising blood alcohol defense. And ultimately, the client was found not guilty. I’m Joe Mitchell, a criminal defense attorney with AAMA Law Group. If you or a loved one are in trouble and need help, call us