A Deputy conducted a traffic stop on a pickup for running a solid red light. The Deputy observed the defendant operating the vehicle and detected signs of impairment. A DUI investigator responded to the scene, detected signs of impairment, and requested the defendant perform field sobriety exercises which the defendant agreed to perform. During the exercises, the defendant showed signs of impairment and was subsequently arrested. Post Implied Consent, the defendant refused to provide a lawful breath sample. The defendant has 1 prior DUI conviction.
Result: The firm set the case for a Formal Review hearing, at the hearing, the 1 year suspension for Refusing to Submit to a breath test was set invalidated for insufficient evidence to support the suspension.
DUI & Criminal Division
