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The Facts



The Results

The defendant was involved in an argument with the male passenger in her car. The officer following the defendant’s vehicle initiated his emergency lights when it appeared the two may be involved in a struggle inside the car. The defendant continued approximately ¼ of a mile before stopping. The officer asked the defendant to exit her vehicle and speak to him regarding the possible domestic disturbance. During this time, the officer noticed the defendant to have watery eyes and was having trouble maintaining her balance. He also notice the odor of an alcoholic beverage on her breath. The defendant explained that she and her passenger were not having a domestic dispute. She also told the officer that the two of them had just come from the Casino. While the defendant was explaining this to the officer, he noticed that she could not stand without using the car for support. A DUI investigator was called to the scene. When the DUI officer arrived, he noted the defendant had trouble standing and her speech was slurred. The defendant was requested to perform field sobriety exercises, which she agreed. The defendant fell down as she attempted to remove her shoes before beginning the exercises. The defendant displayed multiple signs of impairment during the exercises and was arrested. The defendant provided 2 breath samples which indicated a BAC of .185 and .189. The firm filed a motion to suppress evidence in the case. Based on the probability of the motion\'s success, the State dropped the DUI charge.