Sample Case #1

The client was not feeling well, had feelings of vertigo, and called his physician for an appointment the day before his arrest. The day of his arrest, he called his doctor and canceled the appointment because he was feeling better.

Later that night he was pulled over by a Maryland State Trooper for excessive lane changing and weaving on the Capital Beltway, Interstate 495. The trooper followed him for a quarter of a mile before the client would pull over. The trooper detected a very strong odor of an alcohol beverage on the client. When exiting the vehicle the client had extremely poor balance and had to be assisted. He did not respond to the officer's commands and was arrested and put in the back seat of the trooper's car.

While in the car, the client defecated in his pants.

At the station he submitted to field sobriety tests and his performance was poor.

At the station he blew a .18 on the first test and then refused the second test, required by Maryland regulations. He was deemed to have refused the breath test.

Three days after his arrest he saw the physician, who diagnosed him with viral labyrinthitis. The physician testified at trial that the diagnosis was confirmed by the presence of residual horizontal gaze nystagmus and was consistent with every observation the officer made except for the odor of an alcohol beverage. The breath test was not offered by the State because the client had only submitted to one test.

The judge found the client not guilty of all alcohol related charges.