P v. Kerry M
Kerry was in the process of moving from California to Illinois. While traveling through Modoc County in 2013, he was stopped by CHP based on a "Be On the Look Out" (BOLO) call from someone driving in front of Kerry. The driver's passenger reported Kerry as a potential distracted or D.U.I driver. CHP quickly responded to the BOLO, pulled Kerry over, and begin a D.U.I investigation. Kerry was respectful and answered questions - but asserted his rights and refused all breath and chemical tests. Kerry was then arrested and charged with D.U.I. and a D.U.I refusal.
Kerry maintained his innocence and proceeded to a Jury Trial. After hours of deliberating, the jury could not reach a unanimous verdict. They came back hung: 10 not guilty and 2 guilty. The judge then granted the Deputy District Attorney's request to dismiss the case.
Result: Case Dismissed.
Practice area(s): DUI / DWI
Court: Modoc County Superior Court