August 10, 2015. Direct Examination: 0:00 Cross Examination: 34:03 Court Decision: 50:57 Yes, this has been filmed on a potato. They had VHS recorders in that courthouse in 2015 (I think they still do). The reason I call this the "impossible" hearing is because it is EXTREMELY difficult, and indeed nearly impossible to win those. In Kentucky, lawyers win about 1 in 500 or 1,000 of these, and out of a few dozen of my own, I've only won one. This one. I have barely been practicing a year and a half and get this golden nugget thrown in my lap. Background: A DUI case where my client was not only 100% sober, but also went into a asthmatic shock in the middle of the roadside sobriety tests. He was truly a very fragile soul. He was in the process of working on his Master's Degree, when an officer who has been giving him grief in a town with a population under 10,000, pulled him over and gave him more grief. In the middle of the investigation, I have video of this, client began to go into asthmatic shock. He tried to point to the officer, who was asking him, as well, where his inhaler was. He pointed to his backpack and the officer spent a good 5-10 minutes searching for it with no luck. He ends up taking him to the hospital. For treatment, I thought? FAT CHANCE. Cop wanted a BLOOD TEST. The nurse asked if he needs an inhaler, but the officer simply said, "don't worry about him, he's just pretending" SO THEY DID NOT GIVE HIM AN INHALER. He was gasping for air for nearly a full hour with NO MEDICAL ASSISTANCE WHATSOEVER WHILE AT THE HOSPITAL. The officer read him the implied consent, asked if he will submit to a blood test, all the while my poor client just needed his inhaler. They mark him down as a refusal and he LOSES HIS LICENSE FOR FOUR (4) MONTHS. Then he hires me. I take the case to a hearing, and the judge DECLINES TO FIND THERE WAS A REFUSAL because she believed there was not enough proof by the prosecution to show that he was "faking it" and that his gasping for air 1) did not constitute a refusal and 2) appeared legitimate due to lack of proof from the prosecution, e.g. medical testimony from a doctor or nurse, that it was NOT legitimate. Note: it would take a master of theatrical arts to pull off this type of performance; I think even George Clooney would have a hard time pulling a stunt like this off. So the judge declined to find a refusal and reinstated his license (although 120 days have already elapsed, and client got his license back anyway, the victory was still important for the case -- because as the judge said "you can still be convicted of these charges"). Eventually, I convinced the prosecutor to DISMISS ALL CHARGES against my client. I explained that his case is weak as dirt, so he surrendered. Client plead guilty t ... https://www.youtube.com/watch?v=o1Q1t4pZz7g