State v. W.X.

.176 BREATH!!! Client was a 14 year veteran pulled over by a very confident officer while doing 92/65 on the Hardy Tollway. Client’s family was also members of Pct 1 and client showed his buddy badge to the officer. The officer didn’t take kindly to that and started the DWI investigation thinking my client was trying to “get out of something.” Not to self: the officer said he gives people no slack for 100 club stickers or other police agencies. Saturday night, just before midnight and the client admitted to drinking a beer for his migraine. He suffers migraines from being blow up in Iraq and sustaining a TBI. The office gave the client no credit for any of his injuries and arrested the client. The officer said that the client smelled like he had more than one beer. That worried the client and you could see him put a piece of gum in his mouth while waiting for the breath test. More than that the client wore a bite guard for his TBI and migraines and the officer never saw it or even asked him to take it out. Instead, the client tried to prove his innocence and take the breath test bit didn’t know how mouth alcohol would affect the machine. The first test was invalid and a .21. Their own expert said it was probably mouth alcohol. The second test came back .176/.174 and the officer was happy. The client told me about his retainer since day 1. I tried to get him into Veteran’s court to get a dismissal, but the DAs refused. On the eve of trial they said they would give him a program that would result in dismissal. But it had been over 18 months at that point and we weren’t cutting deals. The DAs office tried a nice case, but honestly, had no idea about the retainer and didn’t watch the video close enough to catch the gum. I told the jury in closing that when we saw that on video, or after the client testified, he pulled out his retainer… the State should’ve dismissed the case. However, I think they were using it as a training exercise for their young DAs. My client’s wife was in court every day standing behind her husband, he works in the plants, and they have a 14 year old daughter. His life and future is not a training exercise. Thank the good Lord that the jury held true to their doubts and returned a quick 6 minute Not Guilty verdict. Thank you to those jurors for standing strong and give this man, soldier, and family their future back.