RECENT DWI TRIALS Mr. Hester tried two more DWI cases last week. The contested issued in the first case was impairment. There was evidence of prescription drug use and also evidence of low blood sugar. Since low blood sugar affects ones mental and physical abilities, Mr. Hester argued that one could not tell from the evidence why his client appeared impaired. Impairment must be as a result of an impairing substance- not low blood sugar. The judge agreed and entered a verdict of Not Guilty. In the second case the issue was whether or not there was “operation” under the law. Because the evidence did not establish that the motor of the vehicle was running, Mr. Hester argued there was no operation by defendant. The judge entered a verdict of Not Guilty of DWI.
Posted on: Tue, 10 Sep 2013 19:04:29 +0000
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