Case #: c
The Defendant was stopped for traveling 69 mph in a 50 mph zone. The Defendant was very slow to respond to the emergency lights when activated by the Deputy. Upon making contact with the defendant, the Deputy noted red, watery eyes, slurred speech, and an odor of an alcoholic beverage on the Defendant’s breath. The Defendant denied having anything to drink. The Defendant then admitted that he had consumed 1 beer. The Defendant was asked to perform field sobriety exercises which he agreed to do. On the walk and turn exercise, the Defendant could not maintain his balance in the start position and kept beginning prior to being instructed to. The Defendant did not touch heel to toe and took the wrong number of steps. On the One Leg Stand, the Defendant could not keep his foot in the air for more than 2 seconds before putting it down. While on one leg, the Defendant would sway and could not keep his balance. The Defendant was placed under arrest for felony DUI based on previously being convicted of DUI in 1981, 1988 and 1990. The Defendant was requested to submit to a breath test, which he refused. Because the Defendant had previously refused a breath test, he was charged with the separate misdemeanor charge of Second Refusal to Submit to Breath test. Results: The Firm was able to convince the State to drop the DUI charge.