The defendant was traveling northbound in her vehicle and was stopped for failing to dim her headlights. The officer noticed that the defendant had glassy and bloodshot eyes, was crying and could not find her registration after passing it over several times. She admitted to drinking and was unstable on her feet. Her movements were slow and she had a strong odor of an unknown alcoholic beverage on her breath. She told the officer that she had 2 Vodka drinks and lived “right down the street.” She performed poorly on the roadside exercises and was arrested for Driving Under the Influence. While at the Breath Alcohol Testing Facility she refused to give a sample of her breath to determine the alcohol content. The firm filed a motion to suppress alleging that the officer stopped the defendant illegally and violated her constitutional rights to be free from unreasonable searches and seizures. Result: The State agreed and dismissed all the charges.
DUI & Criminal Division
