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Hung Jury on DUI 3rd Offense.

January 18, 2010

The arresting officer alleged that my client nearly struck his patrol car while violating the "move over" law and continued to drive poorly by performing two U-turns before finally parking.  The officer noted poor performance on the field tests and the refusal of the breath test.  Prior to trial, the state offered to plead guilty to DUI 3rd and serve 120 days in jail.  After a hung jury trail, the state offered a first offense with 48 hours to serve. Case no. 06-057.