The Defendant was observed by a police officer squealing his tires and smoking them as well three times in Walmart Parking lot. In addition, he then pulled out onto the road and squealed them a fourth time. After being stopped, the Defendant was immediately handcuffed. After being handcuffed, the officer noticed that he smelled strongly of alcohol and immediately uttered “man I am sorry, I was just pissed because they would not accept my return on a recent purchase.” A DUI officer showed up and noticed his speech was slurred, his eyes were bloodshot and glassy and admitted he had drank three to four beers during dinner. He was also swaying while he was standing. He performed poorly on roadside exercises and was arrested. At the jail, he was told that if he refused a breath test he would lose his license for 18 months (since this was his second refusal). Additionally, he was told he would be charged with an additional misdemeanor. He refused to give a sample of his breath. The State Attorney’s Office initially filed charges and offered the defendant almost 2 months in jail to resolve the case. The Firm filed a motion arguing that the Defendant was initially arrested without an probable cause of criminal activity and set it for a hearing. The State Attorney’s Office agreed and dismissed the charges for Driving Under the Influence and Refusal to Submit to Chemical or Physical Testing.
DUI & Criminal Division
