It has been awhile since we posted last, but we have been busy. Since the last post, we have tried 2 jury trials, both wins. The first was an OWI/PAC .09 3rd offense in Clark County.
Client was stopped for speeding. She was traveling 16 mph over the limit on New Year's Eve. After being stopped, the client admitting to drinking indicating her last drink was about 3 hours ago, a bad fact.
Officer had client perform field sobriety tests and ultimately arrested her for OWI 3rd offense. Her blood test was a .09, so as expected, the case proceeded to trial.
Before jury selection, Corey Chirafisi argued various motions in limine. One of those motions related to the officer mentioning that a preliminary breath test (PBT) was administered to the client. The court granted the motion.
Around noon, while the officer was testifying, he mentioned that he offered the PBT to the client. Attorney Chirafisi objected and asked for a hearing. The court removed the jury and found that the officer violated the pretrial ruling. The court then correctly declared a mistrial and found that because the jury had been sworn, double jeopardy attached. The court dismissed the case with prejudice.