Mr. Cross represented a gentleman who registered a .16 on a blood test after having an accident and ending up in a ditch on the side of the road. He had registered a .11 on a Preliminary Breath Test at the scene of the accident. The case went to trial after the prosecutor refused to reduce the DUI charges.

As part of his strategy, Mr. Cross made the arresting officer perform field sobriety tests in front of the jury. By police standards, the officer failed.

Mr. Cross then argued that the field sobriety test performance of his client did not show that he was intoxicated. A chart was then drafted that suggested that the client's blood alcohol level was rising throughout the night, and Mr. Cross argued that there was reasonable doubt as to whether the client was actually intoxicated above the legal limit at the time of driving.

RESULT: 6 minute NOT GUILTY VERDICT. The client went home to his wife and children free of the burden of a conviction.