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09-CT-375XXXXX NO CONVICTION AS CHARGED

The Facts

Case #: 09-CT-375XXXXX NO CONVICTION AS CHARGED

Charges

The Results

Deputy responded to a person down call. Upon arrival, the Deputy observed a vehicle stopped in the turn lane. The vehicle had a green light and did not turn. The brake lights were the only lights illuminated on the back of the car. The Deputy initiated his emergency lights and approached the vehicle. The Defendant was seen sleeping in the driver seat with his head down and seat belt on. The vehicle was running and the gear shift was in drive. The Deputy opened the door and the Defendant’s arm fell and he continued to sleep. The Deputy was finally able to wake the Defendant. The Deputy gave the Defendant multiple commands for him to put the car in drive, which he did not do. The Deputy then reached into the car and put it into the park. The Deputy then turned the car off and put the keys on the top of the car. A DUI investigator was then called to the scene. When the DUI investigator arrived, she noted an odor of an alcoholic beverage on the Defendant’s breath. She also noted his eyes were bloodshot and glassy and his speech was slurred. The Defendant stated that he was tired from work, but had been out drinking. Defendant admitted to drinking 3 long island ice teas at a pool hall earlier in the evening. The Defendant performed field sobriety exercises which showed clues of impairment. On the walk and turn exercise, the Defendant was unable to maintain his balance in the start position, stumbled out of balance twice, stopped with each step to regain balance and missed touching his heel to toe. On the One Leg Stand exercise, he had to put his foot down multiple times. The Defendant was then arrested for DUI. He provided a breath sample which had a .128/.137 breath alcohol content. The case was set for trial and after extended discussions with the State Attorney’s Office, the firm was able to get the DUI charge dropped.