12CT02XXXXX NO CONVICTION AS CHARGED

On July 15, 2012, at approximately 2:20 am, a FSU police officer observed a silver Toyota exit the parking lot and head west on Academic Way with no headlights on. As the officer attempted to catch up with the vehicle, he observed it to travel over the double yellow line 3 times. The officer activated his overhead emergency lights and initiated a traffic stop on the vehicle. As the officer approached the vehicle, he noticed 2 front passenger seat occupants. A female was sitting in the male’s lap without a seatbelt on. The officer immediately noticed a strong odor of alcohol coming from the vehicle. The officer asked the driver, the Defendant, to step out of the vehicle. The defendant admitted to consuming a couple of drinks. The Defendant had red and watery eyes. The Defendant stumbled as she exited the vehicle and agreed to perform field sobriety exercises. On the HGN test, the Defendant had a lack of smooth pursuit in both eyes. The nystagmus was distinct and sustained at maximum deviation for both eyes, and was also present prior to 45 degrees in both eyes. On the walk and turn test, the Defendant did not step heel to toe on multiple steps. The Defendant also fell out of the instruction stance 4 times. On the One leg stand, the Defendant had to put her foot down 6 times and swayed throughout the exercise. Based on her performance, the Defendant was arrested for DUI. The Defendant refused to submit to a breath test. Results: The firm was able to convince the State to drop the DUI charge.