The arresting officer witnessed the defendant making a turn that was too wide, crossing several lanes of traffic. While following her, the officer noticed that her vehicle was drifting across the lane of travel numerous times. As the car entered onto I-95, the car went to the top of the on ramp, then back down to the bottom, nearly driving into the grass. As the officer followed, the vehicle continued to drift. After conducting the traffic stop, the officer noticed the odor of alcohol on the driver’s breath, bloodshot/glassy eyes and a flushed complexion. An open container was found in the car, and the driver admitted to consuming 5 beers at a bar, in a 2 hour period of time. Roadside exercises were performed on video, and the officer had the opinion that the driver performed poorly. After being arrested, the driver was asked to submit to a breath test and she agreed. The results were .177, .170, more than twice the legal limit. The firm challenged the legality of the stop, detention and the arrest. The Court agreed with the defense and granted the motion, excluding all evidence in the case. As a result, the State dropped all charges!
DUI & Criminal Division
