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DUI Defendant found “Not Guilty”

January 10th, 2011 Leave a comment Go to comments

On January 8, 2011, at the Daley Center, 50 W. Washington, Chicago, Adam Sheppard won an acquittal on behalf of the firm’s client, I.G., following a bench trial.  The arresting officer testified that the defendant’s vehicle was weaving and that the defendant showed several clues of impairment during the field sobriety tests which included the Horizontal Gaze Nystagmus test, walk-and-turn test, and one-leg stand test.   Adam Sheppard cross-examined the arresting officer on the concept of  Optokinetic Nystagmus– movement of the pupil when it observes rapidly moving objects such as the oscillating lights on a police vehicle –and how it can affect the accuracy of the Horizontal Gaze Nystagmus test.  Mr. Sheppard also elicited testimony from the officer that an overweight individual — as the defendant was in this case — may have difficulty performing the one-leg stand test.    The trial judge granted Mr. Sheppard’s finding for acquittal at the close of the State’s case, thereby obviating the need for the defendant to testify.

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