Client arrested for 4th DWI. Client stopped for speeding. Although client was obviously obese, officer administered balance tests. Following arrest, client consented to blood draw which showed alcohol concentration of .185. During trial Attorney Segura got officer to admit that given his weight, Client performed well on sobriety tests and in fact showed no signs of intoxication. Officer ultimately agreed that after reviewing evidence, there was no legal basis for detention and arrest. Judge granted request for Instructed Verdict of Not Guilty.
State v. E. J. R.