The Defendant was stopped for driving 54 in a 35 mile per hour zone. The officer noticed an odor of alcohol and the defendant admitted to drinking. Additionally, the Defendant did not immediately pull over when the officer attempted to stop the Defendant. A DUI officer arrived on scene and saw that the defendant’s eyes were bloodshot and glassy and had an odor of alcohol coming from him. The Defendant was asked to step out of the car where he slipped and lost his balance. He said he was drinking and did not know why he was stopped. His speech was slurred and performed very poorly on roadsides. He was taken to the breath alcohol testing facility where he refused to submit to a test of his breath. On camera, he told the officer he could feel the effects of the alcohol that he drank. The Firm took the deposition of the stopping officer and subsequently filed a motion to suppress arguing that the first officer had no right to call for a DUI unit. The State agreed and dropped the DUI charge on the day of the motion to suppress.
DUI & Criminal Division
