Client, age 65, accused of running red light causing accident. When officers arrived Client was crying uncontrollably and smelled of alcohol. Although Client was more than 80 pounds overweight, sobriety tests were administered with poor results. Client refused to take a breath test. At trial, Attorney Segura argued that balance tests were not fair due to Client’s weight and age. Client’s demeanor was explained in that she had recently lost her husband. Jury returned verdict of Not Guilty.
State v. L. A. F.