Which matters most for Chambers? Sobriety test or 'breathalizer' - 07/19/2007 - MiamiHerald.com
excerpt:
When Dolphins wide receiver Chris Chambers' reputation fell into jeopardy as a result of last weekend's arrest for driving while impaired, it was undoubtedly concerning to one of the team's biggest stars.
That's why Chambers hired one of North Carolina's best DWI attorneys, George Laughrun, who insisted Wednesday his client has a solid case. That's especially true, Laughrun said, because Chambers' blood-alcohol level was below the legal limit at the time of testing.
But the arresting officer deemed Chambers did poorly enough in the field sobriety tests administered to merit his arrest, even though Laughrun likely will pick apart video evidence to prove otherwise. But the major questions in this case are obvious:
Which matters more? Chambers' inability to successfully pass the field sobriety tests? Or his reading of a .06 -- below the legal limit of .08 -- on the Intoxilyzer 5000 nearly 1 ½ hours after his arrest?
Bill Powers, another of Charlotte's top DWI attorneys, who has no direct connection to Chambers' case, said both factor in the case.
''In North Carolina, normally those two standards are considered together,'' Powers said. ``But normally, if you have a reading below .08, you don't typically see somebody with a bad dexterity test.''
Laughrun and Chambers met to discuss the case this week, and his client will plead not guilty to the charge of driving while impaired during an Aug. 15 hearing, Laughrun said. That means unless the prosecution decides against trying the case, a trial will be held in October or September.
''I think we've got a good, valid argument,'' Laughrun said.
Here's why: Only two of the six field sobriety tests administered during the traffic stop Saturday morning are admissible -- the one-leg stand and the walk and turn.
'Of course, if anyone would have good dexterity, you would think it would be a pro football player, especially someone of Chris' caliber,'' Powers said. ``But those tests aren't a walk in the park.''
In North Carolina, a person also can be found guilty for driving while impaired even if they blow below the legal limit at the station. That's why Powers said he would anticipate the prosecution calling an expert witness to calculate that Chambers would have been over the limit at the time of his arrest. But such calculations can be very subjective.
''They could try to say that an hour and half before, he would have blown a .09,'' Laughrun said. ``But who knows? That number might have been going up. An hour and a half before, he might have blown a .03.''
That's just one example of a more complex defense, Laughrun said. But it's examples like this that should make for a solid case to eventually prove Chambers' innocence -- while also rekindling any bumps his image might have taken.
''I've known plenty of athletes in the past, and you can sometimes see why they get into trouble,'' Laughrun said. ``But I just met Chris, and it's very clear that he's a very class guy.''
Which matters most for Chambers? Sobriety test or 'breathalizer'
Which matters most for Chambers? Sobriety test or 'breathalizer'
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