The Defendant was clocked going 75 mph in a 55 mph zone on Southern Boulevard. After being stopped, the Officer noticed he smelled alcohol on the Defendant’s breath, his eyes were bloodshot and glassy and his speech was slightly slurred. In addition, he was fumbling through his wallet looking for his documents. After he couldn’t find them, he told the officer he must have left his license with his credit card at the bar he was at and where he consumed some drinks. The officer asked him to step out of the car and he stumbled forward. He told the cop that “he was sorry” and that he “was not drunk.” The officer then asked the Defendant whether he would submit to roadside exercises to which the Defendant stated he would rather give a blood test. The officer stated that he could not do that now. The Defendant then refused the roadside exercises and was arrested. The Officer then searched the Defendant’s car where there was a blue cup in the center console which smelled like alcohol. The Defendant was taken to the Breath Facility where he was asked to submit to a sample of his breath. He refused to give a breath sample while asking for a blood test. The firm took the case to trial and the Defendant was found not guilty.
DUI & Criminal Division
