The Defendant was observed stopped in a roadway. As the officer approached, the vehicle began driving and not stopping for at least 2 stop signs. Additionally, the Defendant was not turning on his signals when making multiple turns. Upon being stopped, the Officer noticed the Defendant had an odor of alcohol coming from his breath and glassy, bloodshot eyes, slurred speech and was acting lethargic. He could not explain why he was driving in circles around this neighborhood. Additionally, he could not determine which piece of paper was his registration. Another Deputy arrived to conduct a DUI investigation. The Defendant told that officer that he was looking for Day Labors for a job the next day (although it was midnight). The Defendant was swaying in a circular motion. After being asked how much he drank, he said “a couple” which then became “four or five.” The Defendant refused to perform roadside exercises and was arrested. Additionally, he refused to give a breath sample while at the breath facility. The firm filed numerous motions to suppress arguing that the Defendant was arrested without probable cause and motions to exclude the refusal to submit to the breath sample. On the date of the motions, the State dismissed the charge for Driving Under the Influence.
DUI & Criminal Division
