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The Facts



The Results

The Defendant was observed by an off duty police sergeant sitting at a red light. When the light cycled to green, the Defendant’s vehicle did not move. The Sergeant checked on the Defendant and observed that he appeared to be asleep at the wheel of his car. The vehicle was in gear and running. The Sergeant was able to turn the car off and place it in the park. He could smell the odor of an alcoholic beverage on the Defendant’s breath. The Defendant did not awaken during the removal of the keys and the light cycled about 8 times during this interaction. A DUI investigator was called to the scene. When the DUI investigator arrived at the scene, he noticed that the Defendant’s vehicle was beyond the stop bar and 3 feet into the pedestrian crossing line. The Defendant was still asleep. The investigator was able to awaken the Defendant. The officer noted a moderate odor of alcohol on the Defendant’s breath, his speech was slurred and his eyes were bloodshot and watery. The Defendant’s movements were slow and deliberate as he spoke to the investigator. The Defendant agreed to perform field sobriety exercises. The Defendant could not follow the stimulus on the HGN/follow the light test. On the Walk and turn test, the Defendant started prior to being instructed, stopped walking during the exercise to balance himself, did not touch heel to toe and forgot what to do after the first series of steps. On the One Leg Stand test, the Defendant swayed, put down his foot, switched legs during the test and lost count. On the ABC test, the Defendant slurred so badly that the Officer could not understand to evaluate his recitation of the alphabet. On the counting test, the Defendant improperly recited 100 to 75 backward, by missing 76 and continued to count all the way to 62 until he was told to stop by the Officer. The Defendant submitted to a breath test, which gave the results .066 and .063. After the firm raised issues with prosecutor regarding a urine test, the State dismissed all charges against the Defendant.