Our Client got stick in the mud while attempting a u-turn on a rural interstate. The client was attempting to free himself from the mud when State Troopers arrived on the scene. The troopers noted a strong smell of alcohol on our clients breath and that he had bloodshot glassy eyes and slurred speech. Our client refused the Breathalyzer. The officers asked our client to do field sobriety exercises which he voluntarily did. The police report indicates a very bad performance on the exercises, and there was no video to contradict this. However, there was audio where our client spoke clearly in a Haitian accent. At a motion to suppress hearing the officers testified badly under cross examination and gave conflicting testimony. While our motion was denied, the poor testimony at the hearing convinced the State Attorney to offer our client a Reckless Driving in lieu of a DUI.
DUI & Criminal Division
