DWI

Day 573, 08:03 • Published in USA USA • by Lenore Rosborough

An old court case came to mind today. It happened several years ago, but I thought you all might enjoy hearing about it. A young lady in her twenties was stopped, charged with DWI and expired car tags. I don't know about your state, but in ours we keep the same tags, just replace the year stickers in the upper corner. The lady told the officer that she had renewed the tags, just had not put on the sticker, which was in her glove box. Being a good guy (and rookie), he allowed her to retrieve the sticker and apply it to her license plate. This she did, despite wearing a cocktail dress and four inch spike heels!

At trial, her defense attorney (now a tough prosecutor) argued that there is no way she could have been substantially impaired if she had the ability to squat down, balance herself perfectly, and apply the sticker in a perfectly straight manner. He introduced the license plate as Defense Exhibit "A". His client was acquitted, and the tactic became known as the "squat-and-stick defense". It has not been used successfully since then, but has nonetheless become quite famous in these parts, especially when the officer in question is unfortunate enough to be in the room. 😉

Another recent case that was hotly conteste😛 Truck crashes into a front yard fence. Homeowner sees guy with dark hair get out on driver's side, but sees nobody else. Police arrive shortly after, find dark haired man 20 feet from truck, walking away from it. Upon seeing the officers, he drops something, which turn out to be the keys to the truck. He is falling down drunk. He says he was a passenger in the vehicle, but doesn't have any idea who the driver was. No sign of anyone else. When he is placed under arrest, he goes wild, fighting officers, kicking out window of cruiser, etc. Needless to say, he refused all DWI testing, although admitted that he drank a half pint of vodka. Vodka bottle found in the truck. Officer opines that defendant was intoxicated as defined under state law. Defendant does not take the stand.

What's your call?




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