Congratulations To Angus Dunlavey on Another Jury Trial Win!

Mr. Dunlavey’s client was accused of DUII – marijuana.  In marijuana DUII cases it is often the testimony of the drug recognition evaluator (a police officer) that is the most important portion of the evidence.  Accordingly, Mr. Dunlavey prepared a systemic evaluation of each of the tests administered by the officer. 

 When questioned by the prosecutor, the officer had testified that the conclusion of the evaluation was that Mr. Dunlavey’s client was impaired by cannabis (marijuana).  Then, it was Mr. Dunlavey’s turn with the witness.  Mr. Dunlavey examined every one of the tests individually and presented the jury with the actual range of responses that are exhibited by a normal – not impaired – person. 

Although the officer had concluded that the evaluation had indicated impairment, when cross examined by Mr. Dunlavey, the officer conceded that all but one of the results of the testing was in the normal range for a non-impaired person.  The only test where Mr. Dunlavey’s client was not within the normal range was that his blood pressure was high.  Mr. Dunlavey pointed out to the jury that being arrested and going through an evaluation by a police officer can cause a person to be nervous and that can cause elevated blood pressure.  The jury quickly returned a Not Guilty verdict.