People vs. W.M.

- A 47 ½ year old man was charged with his second DUI and subject to a license revocation and jail. Hence, the Defendant refused breath testing but subjected himself to “standardized field sobriety testing” at the scene. The alleged reason for the traffic stop was “weaving” and failure to stop at a stop sign. The Defendant did have some health problems and the field tests were administered incorrectly, per the defense, regardless of the health problems. Thus, Salvatore C. Miglore retained an expert to testify at trial as to the incorrect procedures and incorrect conclusions of an officer with 25 years of law enforcement experience, upon the issue of alcohol impairment. However, at the close of the State’s case, solely on the strength of the cross examination of the officer by Salvatore C. Miglore, the court granted a directed finding of not guilty. So, the Defendant never even had to present any evidence at all. The Defendant was exonerated and discharged.