State v. Schoth trial was a Felony 4th offense DWI charge.
Just went to trial on a 4th offense felony DWI case. The defendant ran into the back of another car at a stop light and didn’t even put the brakes on. The victim said when the defendant approached to check on him, they smelled a strong odor of alcohol and he suspected he was intoxicated. The defendant was arrested and taken to the station, but he refused to submit to a breath test and also refused all the divided attention Standardized Field Sobriety tests.
The State’s plea bargain offer was 2 years in TDC prison. No probation was offered because this was the 2nd felony DWI for this defendant. After a thorough analysis of the merits of the case and the risks involved in losing, we decided trial would be best and luckily it turned out well.
After an afternoon of unsuccessful deliberation, Judge Shawna Reagin sent the jury home for the evening while they were split 12-2 for not guilty. The 2 caved in the morning and they came back with a unanimous verdict of not guilty.
