The Defendant was seen by law enforcement leaving a bar. As the Defendant left the bar in a drunken state he obnoxiously asked the officer “Hey, officer what you doing? … waiting to pull over all the drunk people leaving the bar?” The defendant walked to his vehicle that was parked in the parking lot, got inside, and began to back out of the parking space. The Defendant was then stopped by officers as he backed his car out of the space. The officers already noticed the defendant to be extremely impaired as he left the bar. Upon closer contact, they noticed that the defendant had a strong odor of an alcoholic beverage, bloodshot eyes, flushed face, severely slurred speech and was having difficulty holding a conversation. The Defendant was then asked to perform roadside exercises and was unable to come close to doing any of them remotely correctly. The Defendant was arrested for DUI and gave a breath test at almost three times the legal limit, .220/.225. The Defendant contended all along that he only went to his car to sit while he waited for a cab that he had called before he left the bar and the cop was just after him for the obnoxious remark he had made earlier. The firm presented the Defendant’s phone records to the state showing he had called a cab and it made no sense that he would have moved the car, as the Defendant also claimed. The State Dropped all charges.
DUI & Criminal Division
