The defendant crashed into another vehicle and stopped to address the incident with the other motorist. An officer, on his way back to the department after his shift, saw the defendant and the other driver and stopped to see if all was well. Upon making contact with the defendant, the officer noticed that the defendant had an odor of alcohol, bloodshot eyes, a flushed face and had difficulty maintaining his balance to the extent he was allegedly falling into a lane of traffic. The first responding officer summoned for a DUI unit and the DUI unit officer also noticed indications of impairment. The defendant refused to perform roadside sobriety exercises and refused breath testing. The firm filed a motion to suppress an unlawful seizure based on the first responding officer\’s use of his blue and red lights to seize the defendant. Motion to suppress was granted and the case was dismissed.
DUI & Criminal Division
