by David HarveyClay Achieves First Jury Trial Victory in OVI Case, Secures Not-Guilty Verdict for Client
Clay secured his first jury trial win in a marijuana OVI case with Mike Welsh assisting him. Their client, N.P., had crashed his truck during a seizure, and a subsequent blood test showed active marijuana despite his medical marijuana card. Initially hesitant due to his injuries, N.P. proceeded with the trial after Mike’s reassurance and a judge’s flexible schedule.
The prosecution’s witnesses could not conclusively link the client’s condition to marijuana impairment, and their expert acknowledged that frequent marijuana users might not be impaired even with active marijuana in their system.
A significant legal debate centered on whether the medical marijuana defense was an affirmative defense. Clay successfully argued it wasn’t, leading to favorable jury instructions. The jury returned a not-guilty verdict, citing insufficient evidence of impairment and the expert’s testimony.
by David HarveyTriumph in the Courtroom: Defense Attorney Darceny Winston Secures Not Guilty Verdict in Landmark OVI Case
Defense attorney Darceny Winston achieved a remarkable victory for her client in an OVI trial. The case originated in Green Township and presented a compelling narrative. Winston’s client was found asleep in the front seat of her car at an intersection.
Crucially, upon exiting the vehicle, the client displayed no signs of impairment. Throughout the trial, Winston and co-counsel Sharonda Hunter meticulously challenged the prosecution’s narrative, highlighted inconsistencies in the officer’s testimony, and asserted that the client’s condition was due to exhaustion.
After only a few hours of deliberation, the jury delivered a Not Guilty verdict. Winston & Hunter’s triumph stands as a beacon of hope for those facing similar challenges and underscores the critical role of skilled defense attorneys in safeguarding the rights and liberties of individuals.