Not guilty jury verdict: motorcycle DWI with high blood alcohol
Client pulls up to stoplight on his motorcycle, and police officer behind him decided to pull him over. In-car video showed that client's license plate light was functional.
At pretrial hearing and before trial, officer testified that the license plate light was burned out. In trial we produced the seat-assembly which included the license plate light. The "light" was illuminated by multiple LED lights, all of which were fully functional. Russ asked for and received a "38.23" jury instruction, which instructs the jury to disregard evidence which was improperly seized. In this case, Russ argued that the Defendant and his blood were improperly seized because the officer did not have a valid reason to stop his motorcycle.
Despite client's high blood-alcohol concentration of 0.21, almost three times the legal limit, the jury took the 38.23 instruction to heart and acquitted client of the DWI.
Practice area(s): Criminal Defense, DUI / DWI