Our client was charged with DUI Enhanced Blow above .15. The State Trooper was stopped by a concerned neighbor and told the Trooper that a Black Dodge Durango was driving erratically in the neighborhood. Allegedly the trooper saw a Black Durango take a turn and followed the vehicle where it came to rest in its driveway and our client stumbled out of the vehicle. Upon approaching our client the Trooper noticed many signs of impairment. He asked him where he was coming from and our client said McDonald’s. He was asked to perform Field Sobriety Exercises, which he performed poorly, was arrested and provided a breath sample of .272.
We demanded the dashcam videos and any witnesses indicated in the police report.
The videos were apparently not retained contrary to FHP’s protocol, and a witness was not provided.
Result: On the eve of trial the prosecutor offered an amendment of the DUI to Reckless Driving.