Facts: Officers in a SUV Task force van observed a vehicle speed by the van at an extreme speed causing the SUV to shake. An officer attempted to catch up to the car which was cutting off other vehicles and weaving in and out of different lanes failing to signal. The vehicle came to a stop at the crosswalk in the intersection. The vehicle then accelerated at a high rate of speed again cutting other traffic off and rapidly changing lanes without signaling. The vehicle was also following other cars too closely. The officer put on the emergency lights at which time the vehicle did not stop. The officer eventually stopped the vehicle and the officer noticed the driver had a strong odor of an alcoholic beverage coming from him as well as the smell of a burning engine or brakes. The driver appeared confused when being asked for his drivers license and even picked up some money and gestured towards the officer with it. The driver had slow dexterity, had trouble keeping his balance while walking and his eyes were very sleepy looking. There was a ½ empty bottle of Cognac in the back seat with wet empty cups. The driver told the officer: “I had like three drinks man. Please, Please, Please let me go.” The driver was subsequently arrested and taken down to the breath alcohol testing facility where he gave 2 adequate samples of his breath which were a .228 and .228. After finding out that the arresting officer in the case was accused of misconduct (unrelated to the arrest of this driver), the firm was able to get the charges dismissed.
DUI & Criminal Division
