The defendant was clocked going 69 mph in a 50 mph zone. The officer stopped the defendant who was confused and completely dazed and was not listening to anything the officer said. The defendant was unable to focus on the officer and had glassy, red bloodshot eyes and an odor of alcohol on his breath. He also had an open beer bottle in the front seat with an open empty beer bottle in the back seat and a cooler of five cold beers closed in the front seat. The defendant fumbled through his documents and had to be told what he was looking for over and over again until he finally found the documents. The officer asked defendant to exit his vehicle and he was unable to maintain his balance. The defendant admitted that had drank a couple of beers and after being requested to perform field sobriety exercises, he was arrested for DUI. He was taken to the Breath Alcohol testing facility where he refused the breath test that was requested. Verdict: Not Guilty.
DUI & Criminal Division
