Practice Pointer: Don't Give Closing Argument With A .337 Breathalyzer

The Kentucky Supreme Court ordered the temporary suspension of an attorney based on a motion by the Inquiry Commission of the State Bar

Gray represented his client in a civil case in Jefferson Circuit Court, the trial"for which was held in December 2017. On the last day of trial, Gray delivered an hour-long closing argument. Gray's demeanor and performance during the argument concerned the trial judge, and after the jury returned its verdict against Gray's client, the trial judge asked Gray to submit to a breathalyzer test. Gray acquiesced and blew a .337 on the breathalyzer. Emergency medical services were called and Gray was taken to a local hospital by ambulance.

The court

Because the Commission has shown probable cause that such a substantial harm exists, we hereby temporarily suspend Gray from the practice of law.

(Mike Frisch)