The defendant was observed driving a 2005 Infiniti that pulled out in front of a police officer at a high rate of speed. The car was seen by the officer weaving from right to left “all over the road”. The vehicle made quick turns on different roads. After being stopped, the officer had difficulty understanding anything the defendant was saying. A strong odor of an unknown alcoholic beverage was coming from the defendant and he had slurred speech as well. The defendant submitted to field sobriety exercises where he swayed and flapped his arms during the walk and turn exercise. He also stepped off the line several times and almost fell over on step 6. During the one leg stand the defendant swayed during the entire exercise and put his foot down 3 times and asked several times if he was done. During the finger to nose exercise, the defendant did not close his eyes as instructed, did not tilt his head back as instructed and did not touch tip as instructed. During the alphabet task, the defendant did not close eyes as instructed and at the end of the exercise he fell backwards 2 steps. The defendant admitted on scene to the officer that he had 7-8 drinks. The defendant was taken into custody and refused a breath test. Subsequently, the defendant answered questions by the officer which incriminated him. The defense filed a motion to suppress the refusal as well as a motion to suppress defendant\\\’s statements based on a 5th amendment right to remain silent prior to the trial date. RESULT: The State dropped the DUI charge at trial.
DUI & Criminal Division
