Maughan & Maughan LC client has something to be thankful for on this Thanksgiving as the prosecutor officially announced that they would decline to continue prosecution of our client after a jury was unable to reach a verdict. Recently we reported that despite evidence that our client's breath alcohol concentration was.254 and evidence that he was involved in an injury accident, the jury reported that they were unable to come to a unanimous decision. After attorney Carl Maughan defended delivered his closing the jury deliberated for three hours before announcing that they were hung. The court had declared a mistrial and the matter had be scheduled for re-trial in December. Today, however, the prosecutor officially announced that they would not continue with the prosecution against our client.
The real victory in this situation goes to the rule of law and our constitutional rights. Our system depends upon the notion that we are Innocent unless the prosecutor can prove their accusations beyond all reasonable doubt. Apparently after further review, the prosecutor's office concluded that they would be unable to prove when the accused may have last driven the vehicle or what may have occurred between the time of driving and the time of arrest. To their credit, the prosecution, apparently concluded that without being able to prove this key element of the case it would be futile and unfair to continue to proceed against our client.
We are grateful for the victory on behalf of our client and remind all of our friends and clients to drive safely this holiday season. If you have celebrated the holiday with an alcoholic drink or two please have a friend, cab or other designated driver drive you home.
Happy Thanksgiving.
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