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Operating a vehicle while drinking could cause judicial actions.


12/7/2005 - Posted by:
Stone, Taylor & Associates, P.A.
Phone: 904-396-3335
Alt. Phone: 904-399-3596
Fax: 904-399-4540
Mobile: 904-536-9309
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Client Found Not Guilty despite confession

Client was leaving a bar in Orange Park Clay County when he backed into another car. Since he barely touched the other car he did not stop and continued on his way out of the parking lot. Unfortunately 2 police officers had just pulled into the lot and saw the incident. They stopped the client and in a strange twist approached the passenger side of the Client's truck and removed the passenger and arrested him for resisting. The officer then questioned our client about a gun in the truck. Fortunately there was no gun but during that discussion the officer decided our client was drunk. The client was removed and ultimately arrested for DUI. He later blew a .135 on the breath test. The case went to jury trial. At trial the arresting officer alleged that our client confessed to the DUI charge by saying "I'm f...ed up" upon his arrest. Our position was the client said "This is f...ed up" because of what was happening to him and his passenger. In closing we argued that it made more sense for our client to say "This is f...ed up" rather than "I'm f...ed up" since it was our position that what had occurred was "f...ed up". The jury agreed with our position as well as with our defenses to the rest of the evidence and found the client Not Guilty.

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