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Appellate Reverses County Court Dui Conviction Defendant Receives New Trial

By Expert Author: Joesph Affronti

In Bray vs State, the appellate court in the 20th Circuit, sitting in its appellate capacity, reversed the lower court's denial of a motion for mistrial made during a DUI trial where defendant was convicted. The appellate court held that the lower court abused its discretion by denying the defendant's motion for mistrial when a police officer testified that he determined the defendant's specific blood alcohol content by using the Horizontal Gaze Nystagmus Test, the alleged evidence of defendant's impairment was de minimus, and the curative instruction given by the judge to the jury stated merely that the Horizontal Gaze Nystagmus test could not be used to establish a specific BAC level, the instruction did not state that the test couldn't be used to establish any blood alcohol content level or to prove that the defendant was impaired.

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