April 8, 2015
OUI - Liquor or .08%
Client was a hard-working hairstylist and single mother. According to police, she drove while under the influence of alcohol. This case presented a variety of legal issues. Included were conflicting statements by the accused, a parking clerk who stated she could barely stand, and finally police officers who testified accurately that the accused performed her sobriety test in “less than ideal” conditions and had zero problems with at least one test. In the end, the jury could not reach a verdict. In any criminal trial, all the jurors must agree that the accused is “guilty” or “not guilty” beyond a reasonable doubt of the crime charged. Generally, an agreement is reached, one way or the other. Sometimes that agreement takes longer than expected. In this case, the jury was deadlocked and simply could not agree. In the end, the parties agreed to a “Rodriguez” charge, which means that the judge would give them one more time to come to an agreement. Here, the instruction was given, but in the end, the jurors simply could not agree and the court ruled the matter a mistrial.
Result: Rodriguez “Blow Out” Charge, HUNG JURY, RETRIAL TO BE DETERMINED.
