Jefferson County District Court. October 11, 2018.
Direct Examination of Officer Daniel Goldberg: 0:18 Cross Examination of Officer Daniel Goldberg: 9:15 Direct Examination of Officer Matthew Carmen: 13:15 Cross Examination of Officer Matthew Carmen: 15:14 The DUI Guy's Argument: 17:33 Prosecutor's Argument: 22:10 The DUI Guy's Rebuttal: 27:52 Prosecutor Reply: 30:04 Court Decision: 30:30
Client gets wrongfully accused of a DUI Second Offense on the afternoon of January 1, 2017.
Client was drinking at a local bar and went to his car to charge and use his phone on New Years' Day. Some patrons called the police thinking he was getting ready to leave.
His tab was still open at the bar and he had tokens for the arcade.
The officer arrested him and charged him with a DUI, despite the fact that he was not operating the vehicle at ANY time. This was, unfortunately for him, his second offense, so the officer was biased from the get go.
The defense was that since there was no operation or physical control, an essential element is missing and the prosecution cannot go forward.
The prosecution countered that even though the vehicle didn't move, my client was intoxicated, (which we did not dispute - since that was not the main issue) and that he was in physical control of the motor vehicle.
The Judge agreed with the defense that there was no operation or physical control and found no probable cause for the DUI Second Offense Charge.
Three months later, we got the DUI Second dismissed by motion of the prosecutor and if the client stays out of trouble for a full year, the whole case will dismissed, including his resisting arrest charge.
UPDATE: The case was 100% dismissed in January, 2020.
Judge: Honorable Katie King, Jefferson County District Court Division 304 Defense attorney: Larry Forman, a.k.a. the DUI Guy Prosecutor: Roy Denny Arresting Officers: Daniel Goldberg and Matthew Carmen, City of Jeffersontown Police Department
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