The Defendant was observed by an officer spinning his tires and fishtailing his vehicle across two lanes of traffic onto the I-95 ramp. The officer then activated his emergency lights when the defendant slammed on his brakes almost causing the officer to rear end the vehicle. The defendant stopped his vehicle and was approached by the officer. He had a blank and confused stare on his face when asked by the Officer if he knew why he was stopped. The Defendant then took 5 or 6 minutes to look for his license and registration and finally handed the officer his credit card. The Defendant admitted to drinking 3 beers, he smelled like alcohol and his movements were slow and lethargic according to the officer. Additionally, while waiting for the DUI Task Force officer, the Defendant fell asleep and was slumped over in the car with his head down. After being woken up by the officer, he was requested out of the vehicle to perform roadside tasks. He admitted to this officer that he had drank only 1 beer. He was asked to perform the walk and turn where he could not stand in the starting position and was unsteady on his feet. He had to be instructed more than 4 times how to conduct the walk and turn exercise. According to the officer, he only walked heel to toe 2 times out of 18 steps. On the one leg stand, the defendant could not hold his foot up for more than 9 seconds and put his foot down 4 times. During the Finger to Nose exercise, the Defendant missed the tip of his nose on 2 occasions and used the left hand when the officer called the right hand twice in a row. The Defendant also stated “that is a good trick” when the officer instructed him on the finger to nose exercise. The Defendant was placed under arrest and was taken to the breath alcohol testing facility where he refused to give a sample of his breath. He said that he drank the night before and there might be something in there. He was advised his license would be suspended for 1 year but still refused to give a sample of his breath. The Firm challenged the State’s evidence and vigorously cross examined the two officers involved in the case. The Jury deliberated for 5 minutes and returned a verdict of Not Guilty.
DUI & Criminal Division
