Below are brief summaries of recent cases in the El Paso County Courthouse that were personally handled by Mr. Huffman. The facts and circumstances of every case are different and these results cannot be used to predict the outcome of any individual case.
Our client had a commercial driver's license. He was pulled over for speeding in his personal vehicle. After a brief conversation with the arresting officer, he agreed to perform the standard field sobriety test which he performed relatively well given how nervous he was. He was arrested and agreed to perform the breath test which resulted in .082/.083. At trial, the state's expert admitted that even if the results were %100 accurate, she could not say he was over the limit at the time he was driving since the test was taken an hour later. After a very brief deliberation, the jury reached a "not guilty" verdict.
Our client was pulled over after he was accused of swerving into another lane after he pulled out of a busy bar on Zaragosa. He was immediately asked to step out of the vehicle and to perform the standard field sobriety tests. The conditions of the test were cold and windy and it was not performed on a flat surface. The officer did not follow strict guidelines while conducting the test making his observations unreliable. My client was arrested, and he agreed to a breath test which resulted in .15 and .17. The state's expert admitted that had the two tests been .001 further apart it would have completely invalidated the test. She also admitted that there were many things that could cause an inaccurate test result.. The jury reached a verdict of "not guilty" holding that there was reasonable doubt as to the guilt of our clieint.
This case involved a husband and wife. According to the officer, as he approached the vehicle he witnessed the husband and wife switch seats. The officer testified that the vehicle never moved during the time my client was in the driver's seat but that my client met the requirments of DWI because the engine was on while she was in the driver's seat. The jury disagreed and quickly returned a "not guilty" verdict.