So Mrs.TAC is the key witness in a DUI case. Heading home from work on 915-Licking pike, she has to stop her car as a SUV comes barreling down the road towards her. Car ends up flipping on its side in front of her. She calls 911 and than heads over to help the driver. Lady is trapped in car, as my wife approaches, first words she screams and at her "Don't call the F-ing cops, I can't get a DUI. Lady continues to be irate and barks out orders to go get Ernie up at "One more bar". Others arrive and one guy heads up to get Ernie. Wife is tired of getting yelled at so leaves to go watch UK vs. WV.

Lady refuses all field sobriety tests, will not go to hospital. When Ernie shows up, he requests to speak with her. She denies knowing the man. Continues to be irate. Oh failed to mention, it was her fiancé's car she was driving. who happens to be the same Ernie and they co own the bar! Cop asked if she has been drinking, she says "Yes, but obviously not enough" Reeks of alcohol and a hint of marijuana is detected by both officers at the scene. All of this caught on the chest cam.

Defense attorney (who is a buddy of mine, and a lot of posters on here know his as well) decides not to bring forth his 4 witnesses that were to swear she was not drinking but working all day cleaning the bar and that's why she smelled of alcohol, but after the one tells him I'm not sure if I can actually testify since "she was hammered and I told her not to drive" Both sides rest their cases. Closing statements next. Prosecution points at Mrs. TAC and tells the jury that normally on these cases we don't get to see the victim. "This lady is the face of the victim, she was seconds away from being a casualty".

It is a 6 person jury. They deliberate. We had left to get dinner and walking back to the car we see everyone walking out of the courtroom. Cop says "Hung jury" A jury member looks at the cop and asks "What's next? Can't believe we could not convict her" Total disbelief in the persons eyes and voice.

Thought both lawyers did an outstanding job. Shocked that the prosecution did not win this time. It will go to a retrial. Thomas presided over the case. She did a good job as well. I had never spent the day at the court house and found the whole process very interesting. Long day. Jury selection started at 11:30. Trial ended at 7:00.

Wow. Sounded like an open and shut case to me.

First, thank God your bride wasn't hurt or killed.

 

I wonder what kept one juror from convicting.

So while this lady is still roaming around, what's the odds she gets loaded and drives again? I say pretty darn good. Only next time she might actually kill someone.

First, thank God your bride wasn't hurt or killed.

 

I wonder what kept one juror from convicting.

 

Still shaking my head at this one. Loved closing statement by defense. "If for some reason you do find her guilty, please do not give her jail time and make the fine reasonable" Sounded like he was prepping for the worse.

Jury had to determine sentencing as well.

No less than 48 hours to 30 days incarceration and/or no less than $200 fine or more than $2,000 I think is what the numbers were.

So while this lady is still roaming around, what's the odds she gets loaded and drives again? I say pretty darn good. Only next time she might actually kill someone.

 

And she is a bar owner! Guessing she will have plenty of opportunities to find a place to drink. Real nice folks she brought with her. Looked like they just came from a grand opening of a Family Dollar.

My wife is a little worried that if she did get convicted that they would come after her.

Must have been a bunch of drunks on the jury.

I wonder what kept one juror from convicting.

 

CSI effect, probably. We've come accustomed to seeing 100%, incontrovertible evidence being found/presented on TV, that we think that's the norm everywhere.

 

This juror may have expected video cam footage showing the lady pounding down drinks (because everyone's got security cameras nowadays, right?) along with sobriety test results, blood work and a confession (to a detective that never wears the same clothes twice).

The problem with jury trial(also at times the saving grace) is that people don't want to convict someone for a mistake that they could see themselves or loved ones replicating.

 

The defense lawyer knew that and wanted a jury trial.

Must have been a bunch of drunks on the jury.

One of the jury members had been a witness for the prosecution of her own brothers DUI case. Said he deserved to get it!

One of the jury members had been a witness for the prosecution of her own brothers DUI case. Said he deserved to get it!

 

So was Clyde right? Was it 5-1 in favor of guilty?

So was Clyde right? Was it 5-1 in favor of guilty?

Really don't know that answer. The one juror insinuated that 5 wanted to convict and 1 did not.

Really don't know that answer. The one juror insinuated that 5 wanted to convict and 1 did not.

 

Had I been the jury foreman, I would have had a very stern talking to with this juror.

Had I been the jury foreman, I would have had a very stern talking to with this juror.

I told the wife, could you imagine if I was in the jury what I would have been saying to the bonehead who could not convict!! HA!

Good - the defense attorney at his job.

 

Bad - the defense attorney at his job, and hence she gets off.

 

Ugly - when she repeat offends & herself or worse yet, someone else is injured or killed.