The defendant was stopped for traveling 90 mph in a 50 mph zone. After the stop, the deputy noticed an odor of alcohol coming from her breath and her eyes to be bloodshot and glassy. The defendant was asked to exit the vehicle. She admitted to drinking 2 beers, but later changed her story to admitting to 5 beers. The defendant was requested to perform Field sobriety exercises. On the walk and turn test: she could not keep her balance during instructions, failed to touch heel to toe, started before instructions were finished and stepped off line 3 times. During the one leg stand test: she put her foot down 3 times, hopped to maintain her balance and swayed while balancing. During the finger to nose test: she missed the tip of her nose 5 out of 6 times, failed to return her arm to her side 3 times and raised the wrong arm once. The defendant was arrested for DUI. She provided a breath sample of .092/.092. The firm filed multiple motions to suppress evidence based on an illegal detention. The first motion was granted and before the second could be heard by the court, the State dropped the DUI charge.
DUI & Criminal Division
