Shark Survivor Survives Second Attack... By a Different Kind of Shark
Inside this issue:
- DUI Triumph: Shark Survivor Survives Second Attack! See how Manny and Adam brought home a not guilty verdict at trial on a DUI case with a breath test result DOUBLE the legal limit
- Walter officially completed the Spartan trifecta! Check out how he stayed strong and persevered to achieve his goal, and you can too
- New Recipe - We’ve got some Spartan Spanakopita in honor of Walter’s achievemen.
- New Year, New Mascot: Is Rhae edging out Jag for firm favorite?
Shark Survivor Survives Second Attack… By a Different Kind of Shark
When Norbert was arrested for DUI with a breath test result of .159 (twice the legal limit!) he knew he was in for the fight of his life. What he didn’t know was that his previous brush with death would help him survive his second “shark” attack, along with a solid defense mounted by Manny and Adam.
Norbert was driving home from his mother’s 75th birthday party when he was pulled over and put through a DUI investigation. A non-native English speaker, there were parts of the investigation that were difficult for him to understand.
The cops then subjected him to a series of field sobriety exercises. Norbert performed well despite voicing injuries that the cops conveniently ignored. Norbert had two screws in his butt from a shark attack, and also had a titanium rod in his leg. The cops made him do the one-leg stand test anyway, and he stood without wavering for twenty five seconds. They still arrested him and took him down to the station where Norbert then blew a .159 on the breath test.
Despite holes in the case, the prosecutor was gunning for him like a great white and wouldn’t give up, but Manny and Adam were on top of the case with a heated defense.
They combed through the police investigation, video footage, and field sobriety tests and amassed a pile of evidence to present at trial, along with pointed questions for the cops involved.
At trial they expertly exposed the following evidence in support of Norbert:
- The arresting cop was a DUI Task Force Officer, and they got him to admit that his job is to look for DUIs.
- The breath technician at the police station admitted that Norbert seemed fine when he arrived at the station. He was not slurring or displaying any visible signs of impairment.
- They got the state to admit that there was another DUI task force member on scene while Norbert was undergoing the roadside DUI investigation (which was discovered through body camera footage). This particular task force member is the ONLY one with a portable breathalyzer in his car, the Intoxilyzer 8000, meaning the cops could have given Norbert a breath test on the side of the road but chose not to. At trial they asked the arresting officer, “Isn’t it true there was a portable breathalyzer that could have been used on the scene that night?” The officer’s response was, “That’s irrelevant.” Not only was it not irrelevant, but jury members were shaking their heads at the cop’s answer.
- When Norbert blew a .159, it had been at least an hour since he was driving. The cops admitted they did not know his BAC level at the time he was driving, which they were legally required to prove.
- They had Norbert show his shark bite screws and titanium rod to the jury to prove that he was unable to do some of the field sobriety tests, and yet still successfully completed the one-legged stand test with the rod.
The jury deliberated and returned a not guilty verdict. Norbert had officially survived his second “shark” attack.