The defendant was on his way home in the early hours of the morning and was involved in a traffic crash that resulted in a passenger in the other vehicle being thrown from the bed of a pick-up truck. That passenger suffered serious injuries to his back and neck. Law enforcement was called to the accident scene and witnessed the defendant walking away from the scene of the accident in an effort “to call a tow truck”. Upon making contact with the defendant, law enforcement noticed only the odor of an alcoholic beverage. Thereafter, the Defendant was detained and was administered roadside sobriety exercises. The Defendant performed poorly during the roadside sobriety exercises and stated that they were “hard”. The Defendant was arrested for DUI and was requested to submit to a breath and urine test, which he refused. The Defendant was charged with felony charges arising out of this incident and based on our investigation into the request for breath and urine test and into the probable cause determination to do roadside exercises, charges all were dropped.
DUI & Criminal Division
