Congratulations to Thomas Goldman on a Mistrial on a DUII case with a question of who was driving!

Mr. Goldman’s client appeared to be under the influence of alcohol.  He was also waiting alone in a parked car.  Mr. Goldman’s client told the four police officers who arrived that he hadn’t driven and that the driver was in the building ‘right over there’.  The police chose not to believe him and arrested him for DUII.  At trial, the police testified that that there was no evidence that there had been another driver.  So, Mr. Goldman cross examined the primary officer using the officer’s own report that confirmed they were told exactly where the actual driver was (walking distance).  The officer denied that having that information along with the clear denials of driving were evidence and they didn’t feel they should check if there was actually a driver in the building.  Since the officer’s report didn’t support the officer’s testimony, the jury was unable to resolve the case and a mistrial was declared.