According to the police, the Defendant drove erratically and made a turn in front of other vehicles causing them to brake to avoid a collision. The officer followed the Defendant and witnessed him swerve a number of times. Upon making contact with the Defendant, the officer smelled alcohol on his breath and observed that his eyes were bloodshot and glassy. The Defendant admitted to consuming a number of beers before driving. The officer asked the Defendant to exit the vehicle and he appeared to be unsteady on his feet. The officer advised the Defendant to walk back towards the patrol car, but the Defendant ignored him and popped his trunk. The Defendant attempted to retrieve something from the trunk. The officer was concerned for his safety and placed the Defendant in handcuffs. The officer asked the Defendant if he would do roadside exercises, but the Defendant refused. The officer placed the Defendant under arrest for DUI and requested that he submit to a breath test, but the Defendant refused that as well. The attorney prepared the case for trial, and the State dropped the DUI case.
DUI & Criminal Division
