Attorney Nevins recently obtained an “not guilty” verdict for a client charged with a 2nd offense DUI in Berks County. This client was involved in a single-vehicle accident and later refused to submit to chemical testing. Based on the accident and refusal, he was facing a mandatory minimum sentence of 90 days of incarceration. After consultation with Attorney Nevins, this client decided to proceed with a bench trial which meant that a judge, rather than a jury, would decide the verdict.
At trial, Attorney Nevins convincingly attacked the police officer’s determination that the client had failed the field sobriety tests. Under cross examination, the officer had a difficult time describing the training that he had received in administering field sobriety tests and was forced to admit that he had left out key details in his field notes. Further, Attorney Nevins was able to establish that the officer had failed to take into account the client’s documented head injuries when scoring his performance on the field sobriety tests. This client then testified that he had consumed only two beers several hours before driving and a credible witness testified that he had seen the client drinking only water for an hour before leaving the bar. Thanks to the hard work of Attorney Nevins, the judge determined that the Commonwealth had not proven their case and ruled that the client was “not guilty.”
Although it can often seem pointless to fight a DUI charge, this case shows that having an experienced Berks County DUI attorney can make a huge difference in the outcome of your DUI case. If you’ve been charged with driving under the influence, call our DUI attorneys today at 610-372-5128 or email us at [email protected]