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2009-CXXT014XXXXX NO CONVICTION AS CHARGED

The Facts

Case #: 2009-CXXT014XXXXX NO CONVICTION AS CHARGED

Charges

The Results

The Defendant was seen by a Deputy accelerating away from a red light as it cycled to green at a high rate of speed. The speed was estimated at 65 mph in a 45 mph zone. The Deputy activated his radar unit which confirmed the Defendant’s speed at 65 mph. While traveling behind the vehicle, the Deputy observed it weave over the left land marker with its left side tires. The vehicle then weaved across the lane so that the right side tires had gone across the right lane marker. The vehicle then traveled back across the lane with the left side tires again crossing the left lane marker. The Deputy then activated his emergency lights and the vehicle made no reaction. The Deputy, after traveling about 500 yards, then activated his siren to get the vehicle’s attention. The vehicle then came to a stop. When the Deputy made contact with the Defendant, he noticed an odor of an alcoholic beverage on his breath and red-watery eyes. The Deputy asked the Defendant to exit the vehicle and then noticed he had a sway about his person stumbling when he exited. The Deputy requested the Defendant to perform field sobriety exercises, which he agreed. On the Walk and Turn test, the Defendant could not keep his balance while listening to instructions, did not touch heel to toe 10 times, stepped off the line 6 times, used his arms for balance and lost his balance during the turn. On the One Leg Stand exercise, the Defendant swayed while trying to balance, used his arms for balance, and put his foot down 4 times. The Defendant was placed under arrest for DUI and also issued a speeding ticket. The Defendant provided breath samples of .089 and .090 BAC. After the breath test, the Defendant became upset and continuously stated “This is bullshXX” whenever asked any questions. Results: The case was set for trial by the firm. Before the trial date, the State dropped the DUI charge.



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