Client Acquitted -- Impaired Driving

A concerned citizen followed what appeared to be a drunk driver one evening, and contacted 911 in the process. The witness watched as the van pulled into the driveway of a suburban home. A male driver emerged and went into the house, and the witness directed the police to the home. When police arrived they summoned the client to the front door and investigated him. Based on their observations of drunkenness he was arrested for impaired driving.

After cross-examination of the civilian witness by Tyler MacDonald and the close of evidence, the judge had a reasonable doubt as to whether the client was the person who the witness saw leaving the vehicle and going into the house. There was therefore no conclusive proof that the client had been driving, even if he was impaired by alcohol when interacting with police. The client was found not guilty. He did not have to testify at trial as to whether he was the person driving the vehicle.