Client runs out of gas returning home from card game with friends. As he waits for his wife to arrive with gas the police approach his disabled vehicle and begin convesation. Driver tells he is all set and just waiting for gas. Officer detects odor of alcohol and driver admits he drank “a few” beers earlier. 2nd Officer arrives and insists that driver complete field sobriety tests. Driver says, “I’m all set, I’m not driving.” Client arrested and charged with OUI following field sobriety tests. Defense uses photos of scene to show that client parked stalled vehicle in safe manner and that field sobriety tests were completed on darkened roadway with incline. Not guilty verdict following trial. Three (3) year Chemical Test Refusal (CTR) suspension, because of prior offense more than 20 years ago, vacated by Court following “not guilty” verdict.