After June brought a guilty verdict, Austin DWI Defense Attorney, Kyle Lowe restarted his win streak with another DWI acquittal in August.  His client was acquitted in Travis County Court of Law #7, Honorable Elisabeth Earle presiding.  Client was originally arrested for DWI in Travis County following a stop for Speeding on 6th Street.  Austin Police Department officers testified that from their stationary position near Whole Foods Market at 6th and Lamar, they clocked said client going 40 mph in a 30 mph zone.  The police officers went on to testify the following additional indicators of intoxication:  when stopped, a request was made for the client’s TX Drivers License at which time the client handed them a credit card; the officers reported that the client had low, thick-tongued speech, was slow to respond to questions, admitted drinking at least 3 beers and did not know the exact time of day.  During the field sobriety tests, officers testified that the client had 4 of 6 indicators on the HGN eye test, could not keep his balance while being instructed to do the walk and turn test, then, while performing the walk and turn, he missed the heel to toe motions, took 8 steps instead of the instructed 9 and turned incorrectly.  Further evidence offered by the officers was that the client had a delayed estimation of time during the Rhomberg balance test and, while performing the one-leg stand test, he swayed, used his arms for balance and put his foot down one time.

Under cross-examination, the Austin police officers revealed that they were conflicted as to whether the speed limit in the area the client was clocked was actually 30 or 35 mph.  Further testimony revealed that since it was actually a 35 mph zone that the client was clocked in, the officers would not have stopped someone unless they were exceeding the speed limit by 10 miles.  Additional cross examination led one of the officers to state that, although he was sure the client was driving while intoxicated, since the client exhibited only 4 of the 6 indicators on the HGN, there was a strong possibility that the client could have been below the .08 standard for intoxication as set forth by the NHTSA.  Further cross examination of the officer revealed that the client as well as many others who are not ultimately arrested for DWI walk 8 steps instead of 9 on the walk and turn portion of the testing.  Additionally, the officer testified that the client did fairly well on the walk and turn test as well as the one-leg stand.  Upon further questioning, one of the officers became noticeably frustrated with the questioning by Kyle Lowe.  The officer began turning red-faced with anger and became verbally aggressive and evasive while on the stand.  Following the officer’s testimony, the client then took the witness stand as did the client’s friend who had witnessed said client’s drinking that evening.  Following this testimony, the defense rested.

After 3 hours of deliberation and two and a half days of testimony, the jury returned a unanimous verdict of NOT GUILTY.