The Defendant was involved in a traffic accident where she rear ended another vehicle. Upon making contact with the Defendant, the police officer noticed blood shot eyes and the smell of alcohol on her breath. The Defendant refused to perform roadside exercises, and also refused the breathalyzer. The officer noted in his report that she was unsteady on her feet and was swaying. The firm filed a motion to suppress the refusal to do exercises and the breathalyzer. The State conceded the motion but still insisted on going forward. The firm announced ready for trial. On the day of trial, the State dropped the DUI charges.
DUI & Criminal Division
