The defendant was stopped for speeding 92 mph in a 45 mph zone, after noticing signs of impairment, the defendant was asked to perform roadside exercises on video. The defendant admitted to drinking 1 beer, then later stated 2-3 beers at a bar. After the arrest, the defendant was a again placed on video and when asked if he was \”under the influence\”, he responded\” I would say so, don\’t know\”. He then refused the breath test. Acquitteed by jury of DUI, speeding charge was also dismissed.