The defendant’s car was stopped for continuously weaving within it’s lane of travel and for making a wide turn. After stopping the vehicle, the officer learned that the tag was registered to a different vehicle and that the defendant was unable to show proof of insurance. Signs of impairment were noticed and roadside exercises were performed on video. After the officer concluded that the roadsides were performed poorly, the defendant was arrested. At the police station a breath test was attempted. The officer felt as though the defendant was “playing games” at the breath machine, not blowing properly. 2 breath samples were obtained; .134, .136, however they were considered “volume not met”. The breath test results were not admitted into evidence, and the defendant was found not guilty of the DUI after trial.
DUI & Criminal Division
