DUI DISMISSAL

.12 BAC:

HUNG JURY (11 of 12 Jurors for Not Guilty) - ENTIRE CASE DISMISSED.

Ex-soldier who had recently completed a 15-month tour in Kuwait and was recommended for a "Purple Heart" was accused of driving under the influence of alcohol with a .12 BAC (Note: the prosecution was unsuccessful in attempting to amend their complaint adding injury to a passenger). After a 6-day trial, the jury returned 11 to 1 in favor of the soldier on the 7th day. The 11 jurors who voted Not Guilty, waited in the hallway and outside the building to shake hands with Mr. Hamilton and his client as they exited the courthouse. The jurors, some with tears in their eyes, explained that the one hold-out juror made up her mind early on and simply refused to listen to the evidence and the law. In sum, the Government failed to prove its case and the action was dismissed in the Superior Court.

Mr. Hamilton was also able to negotiate reduced suspension terms with DMV.

(Note a BAC of .08 or more causes two separate and distinct actions - one by the court and one by DMV).