Congratulations to Tyler Beach on a Felony DUII Trial Win!

Mr. Beach’s client was accused of the felony version of DUII.  If convicted, this charge carries up to five years of prison.  The prosecution filed the charges alleging DUII by ‘controlled substances’.  Mr. Beach, knew that the facts would show intoxication by marijuana.  Mr. Beach found a court of appeals decision that requires the government to specify marijuana if they wish to prosecute someone for being under the influence of marijuana – they can’t just generically allege ‘controlled substances’.  Mr. Beach waited for the prosecutor to finish his case at trial and then made the motion for a judgement of acquittal because the prosecutor misfiled the paperwork (Mr. Beach didn’t file the challenge before the trial, because that would have given the prosecutor the opportunity to correct his error).  The judge ruled that he had to find Mr. Beach’s client Not Guilty because of the court of appeals decision Mr. Beach cited to the court.