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His speech was slurred, his eyes were bloodshot and his breath smelled of alcohol. But because his prosecutor neglected to draw out testimony that it added up to drunkenness, a New York man walked away from a DWI charge. Nassau County, N.Y., police found Marlon Martinez asleep behind the wheel of his car, with the engine running and the radio blaring, reeking of drink. He refused several sobriety tests. During trial last month, District Court Judge Norman St. George said there was no need to decide whether Martinez intended to drive while drunk � because the prosecution “astonishingly” neglected to ask the arresting officers whether, in their professional opinion, Mr. Martinez was in fact drunk. The officers reasonably concluded that Martinez “may have had some type of alcoholic beverage to drink,” St. George wrote. “However, without an opinion from a trained police officer as to whether those observations were consistent with either impairment by alcohol or intoxication, it is plainly impossible for this court to deduce and find that the defendant was either impaired or intoxicated.” Defense attorney Daniel J. Halloran called the ruling “incredibly astute.”� NEW YORK LAW JOURNAL Reform thyself Judge Robert Bork has been taking a ribbing for filing a $1 million slip-and-fall case against New York’s Yale Club, where he fell while delivering a speech last year. The failed U.S. Supreme Court nominee and tort reformer didn’t go looking in the phone book for legal help. He hired Gibson, Dunn & Crutcher, a bastion for fellow conservatives like Theodore Olson and Eugene Scalia. Bork alleges that he suffered a painful leg hematoma because the club didn’t follow its normal procedure of putting steps between the floor and the dais, and because there was no handrail. If he wins, perhaps he can film a testimonial: “Gibson, Dunn got me $250,000.”� LEGAL TIMES

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