SAN DIEGO DUI DEFEWNSE: DRUNK DRIVING CONVICTION REVERSED FOR INSUFFICIENCY OF THE EVIDENCE
When's the last time you saw a case holding that there was insufficient evidence as a matter of law to convict the defendant of DUI? Maybe never? The defendant didn't stop his truck behind the limit line at an intersection, with perhaps half the truck over the line before the defendant stopped. The offficer (this is obviously a pretext stop, a point never discussed) stops the defendant. The defendant shows signs of methamphetamine intoxication: rigid muscles, dilated pupils, sweating, etc. But the point is that there's no evidence that any of this ACTUALLY AFFECTED the defendant's driving. Yes, it could have. But there has to actually be evidence that it did. The only bad driving was trivial. Case reversed on insufficiency of the evidence!
People v. Torres; 2009 DJ DAR 6490; DJ, 5/6/09; C/A 4th
