Prosecutor drops DWI against Actor Sam Shepard: Samuel Shepard Rogers III was born on November 5, 1943. Sam Shepard is a playwright, actor, author, screenwriter and director and has been so for more that 50 years. Shepard has written 44 plays along with short stories and essays. Shepard was awarded the Pulitizer Prize For Drama in 1979 for the play Buried Child. He was nominated as Best Actor in the Academy Awards for his work as Chuck Yeager in The Right Stuff in 1983. Shepard has been called the Greatest American Playwright of his generation.
Prosecutor drops DWI against Actor Sam Shepard: In May of 2015 Shepard was arrested and charged for aggravated DWI. In December, 2015 that charge was dropped by the Santa Fe Prosecutor’s office. The prosecution alleged that it was very unlikely that Shepard would be convicted of aggravated drunk driving given the evidence. Shepard was initially stopped when a customer at the La Choza Restaurant called police after seeing Shepard fail to disengage his parking brake. Because Shepard had consumed alcohol in the restaurant and had not left the parking lot he did not have to take a breath or blood test. The evidence would have been that Shepard consumed one and a half margaritas and a sip of mezcal. The Defense expert would have testified that such a drinking history would put Shepard’s blood alcohol level below 0.01 grams per 210 Liters of breath. That is significantly less than the legal limit of 0.08 grams per 210 Liters of breath. According to the Defense expert Shepard’s blood alcohol level would have been 0.05 grams per 210 liters of breath if he had consumed two full margaritas and a full shot of mezcal — an amount still under the legal limit.
Prosecutor drops DWI against Actor Sam Shepard: The then 71 year old Shepard was not a candidate for the standardized field sobriety testing since the cutoff is 65 years of age. If he attempted the standardized tests the officers would not have been able to distinguish the effects of his age versus the effects of alcohol.
If you have been charged with DWI, call Bob Keefer immediately at 540.433.6906 for a FREE CASE REVIEW.