The officer heard an engine racing and approaching north on Military Trail. The defendant passed the officer’s location and the officer observed the defendant traveling at a high rate of speed. A laser reading was retrieved by the officer of 64 in a posted 45. The officer stopped the defendant who had glassy, bloodshot eyes and heavy eyelids. The defendant had a strong odor of alcohol eminating from his breath and slurred speech. Post Miranda, the defendant said he drank 4-5 beers at Brus Room and said he was trying to beat his wife home. He said he drank his last 2 beers quickly. After performing the roadside tasks poorly (which were all captured on video), the defendant was arrested for driving under the influence. A couple of hours later, the defendant gave a breath sample of .082 and .084. The Firm took the deposition of the arresting officer and after providing that information to the State Attorneys Office, the State dropped the DUI charge.
DUI & Criminal Division
