I finished a DWI breath test jury trial last week. "Not Guilty" is one of the greatest phrases ever spoken. This is how it all went down:
On Monday, a panel of 18 potential jurors were called in. 6 jurors are needed for a misdemeanor case. After I finished speaking with them, only four jurors were left who were qualified to serve. The judge declared a mistrial and ordered us all back at 8:00 a.m. on Tuesday. He said he would be calling in 24 potential jurors. I asked the prosecutor if we could plead to obstruction of a highway. She said no way.
The next day we got a jury. The state's first witness was the fast food employee, a former army medic, who called the cops because my lady was throwing up drunk and shouldn't be driving. She said my lady had driven on the curbs and parked across 3 parking spaces. They played the 911 call. Then 2 police officers testified that my lady was drunk. Then the breath test operator testified that she was drunk. Then the breath test technical supervisor testified that she would have had 3-4 drinks in her system at the time of the test and that the test was a .115. On cross examination, however, he admitted that absorption is a process and that she definitely could have been under .08 at the time of driving.
We made closing arguments. After an hour the jury came back with a not guilty. I am so proud of my lady for having the courage to try the case. I am getting her record expunged now.
As my dad would say, "Keep on keepin' on and mess with Texas..."