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Mistrial new trial set....help!!!

  • Thread starter Thread starter over70
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over70

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I know you are busy but I am alone in fighting for the rights that my mother was denied in a traffic stop. Our money is dwindling down and the county does not like to dismiss any DUI charge. I have reveiwed two credible sites with FST standards. Both, including the one authored by our county's sheriffs office, say NO to FST walk and turn & one leg stands on anyone with a disbility. They say it discredits the testing completely. So why are we in this position. The officer used the FST's for probable cause and in court to buttress the borderline (yet under ) DUI. The officer offered her only the feet tests!

Now our attorney says that an expert witness to discredit these FST's should be sought at the tune of up to 1500 dollars!!! I say the jury only needs to have an expert explain how credible other alternatives are when dealing with a senior citizen who is disabled. That was the question the jury asked the judge, which he says he CAN'T ANSWER!!! So they went back to deliberate more. The judge stated he has seen this happen over and over and said he knows they will be at the same standstill for hours to come and most likely won't change their minds. So lets call them back and I'll declare a mistrial. Both attorneys agreed.

Do you agree with me or the attorney? If he is right (or me) how can be solicit for this expert testimony without costing an outragious amount of money. If we get an aquittal, we can get costs for the witness but that's no gurantee for them. Or can we get attorney's fees also from the court if she is in fact found Not Guilty or if we have an aquittal? Thank you so much for responding.

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lkn
 



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