Maughan & Maughan client with.254 BAC after an accident not convicted of DUI

During the week of November 12, 2007, Carl Maughan of Maughan & Maughan LC was involved in a jury trial where Mr. Maughan defended the interests of a young man who had been accused of driving a vehicle while under the influence of alcohol. On Thursday Morning at 10:30 a.m, after three hours of deliberations, a jury announced to Sedgwick County District Court Judge Goering that, despite the introduction of evidence which suggested that the defendant may have been involved in an injury accident and that his breath alcohol concentration was .254 (more than three times the legal limit), they were unable to reach a verdict. The final count (in this six person jury) was five to one in favor of acquittal on the charge of driving with a Blood alcohol concentration of above .08 at the time of driving, and four to two in favor of a guilty verdict regarding the charge that the defendant drove a vehicle while so intoxicated that he could not safely operate the vehicle.

While we are saddened that we can not report an outright victory, the declaration that the jury was deadlocked resulted in the declaration of a mis-trial. We will need to re- try the case in December. However, the verdict ensures that our client is still not guilty. The jury was unable to determine when the defendant may have last driven the vehicle. Without knowing when the defendant last drove they could not determine whether he was intoxicated or above .o8 at the time of driving. In light of the evidence, we are happy with the outcome and confident that we will prevail if we need to try this case again in the future. You will learn the outcome here as soon as we know of it.