Our client, pulled his vehicle into the entrance of a gated community. Police responded to a call for an elderly man who had passed out in his running vehicle with the lights on. As the officer approached, he noticed a glass of wine on the floor board. As our client exited the car do perform roadside exercises, the officer noticed that his eyes were red, his speech was slurred and that he smelled like he had consumed alcoholic beverages. During the exercises, the driver admitted that he was impaired and that he pulled over to “sleep it off”. He was arrested for DUI. Our firm filed a Motion to Suppress, based on the officer’s assurance that after the roadside exercises were completed our client would be “on his way.” We argued that this amounted to coercion and the Judge agreed. The Judge excluded the results of the roadside exercises. Soon thereafter, the State dropped the DUI.
DUI & Criminal Division
