The defendant was stopped for running a red light. The Officer made contact with the driver and noticed an odor of alcohol on his breath, his eyes were bloodshot and glassy, and his speech was slurred. The officer also claimed that the driver appeared confused when he was asked to produce his license, registration, and insurance. Based on his observations, the officer requested that the driver perform field sobriety exercises. Based on his poor performance, he was arrested. He was taken to the station where he blew under the legal limit. After the results, the officer performed a drug recognition examination. The officer concluded that the defendant was on pain killers. The officer requested a urine sample and the defendant refused to provide one. Our office set the case for trial. Prior to the trial, the prosecutor met with her supervisor to determine how they prosecute the case. We explained that the case was weak and there were many holes in the case that the state would not be able to fill. After the meeting, the prosecutor decided to dismiss the case.
DUI & Criminal Division
