The Defendant was seen traveling north and continuously drifting on and off of the left lane markers at least 3 times. The Defendant was then observed following another vehicle in front of it too closely, leaving less than a car length in distance between them. The vehicle was stopped and contact was made with the Defendant by the Officer. The officer noted the Defendant had the odor of an alcoholic beverage on her breath, and her eyes were bloodshot and glassy. The Defendant agreed to perform field sobriety exercises. Prior to administering the exercises, the Defendant told the officer she suffered from depression and anxiety problems. During the field sobriety exercises, the Defendant exhibited multiple indicators of impairment. On the walk and turn test, she failed to maintain her balance, started prior to instructions being completed, stopped walking to steady herself, did not touch heel to toe, improperly performed the turn and used her arms for balance. On the One Leg Stand test, she swayed while trying to balance. On the finger to nose test, she failed to touch her nose with the index finger. After the completion of the field sobriety exercises, the Defendant was placed under arrest. She was taken to Central Breath Testing and agreed to provide a breath sample. The results of her breath test were .121 and .103. The firm filed a motion to suppress evidence in the case and set the case for trial. After reviewing the firm’s motion, the State dropped the DUI charge on the morning the motion and trial were set to be heard.
DUI & Criminal Division
