19C**********

A Deputy was traveling northbound in a marked patrol vehicle. As he proceeded, he noticed the tail lights of a vehicle 50 yards east. The Deputy could see the vehicle was stationary and not moving. This caught his attention, since there have been a rash of early morning convenience store robberies recently. The Deputy drove north to the first median break, made a u-turn, and headed back south. He could still see the vehicles tail lights, it was still stationary and not moving. The Deputy stopped his marked patrol vehicle approximately two car lengths behind the vehicle. He did not activate his emergency lights or siren. Though, he did flash his high beams on and off repeatedly for approximately 20 seconds, in an attempt to get the driver’s attention; however, the vehicle did not move nor did the driver wave at him or move inside the vehicle. He placed his patrol vehicle in park and activated his blue/ red lights . The Deputy approached the driver’ s side door and through the open emergency window observed the sole occupant and operator of the vehicle, a white male seated in the driver’s seat behind the steering wheel, who was slightly reclined and sound asleep. The Deputy could hear the engine idling, so he peered inside the car through the open window and noticed the vehicles transmission was positioned in park. The male had an aluminum color watch laying on his left thigh and a cell phone, which was charging, face down on his right thigh. The Deputy observed a drinking cup of an amber, carbonated liquid in the center console; it had the appearance of beer. A backup Deputy arrived on scene and parked his marked vehicle. When the Deputy closed his car door, the sound woke the driver, who was startled and reached for the gear shifter. The Deputy announced himself, shined his flash light into the vehicle, and advised him to relax and not touch the gear shifter. The Deputy then noticed his eyes were very bloodshot and glossy. The Deputy asked the white male whether he was ok or if he was ill. He advised, he was tired, so he stopped to sleep. The Deputy asked him, if he knew where he was located. He replied, he was on his way home. Each time the white male spoke, the Deputy could smell the distinct odor of an alcoholic beverage. The Defendant was requested to perform field sobriety exercises, which he did poorly. The Defendant was placed under arrest for DUI. The Defendant refused to provide a breath sample. The firm set the case for trial and before the trial began, the State dropped the DUI charge.