The defendant was stopped for traveling 61 mph in a 45 mph zone. The stopping officer observed bloodshot and glassy eyes and an odor of an alcoholic beverage on her breath. The defendant was overly apologetic and very nervous. A DUI task force officer was summoned to the scene and the defendant was asked to conduct roadside sobriety exercises. The DUI officer testified that the defendant was swaying while she was standing and had bloodshot, glassy eyes. The defendant admitted to drinking earlier in the evening at a Bar. The roadsides were all captured on video. The officer testified at a pre-trial motion to suppress that the defendant never walked heal to toe, turned around inappropriately and on the return never walked heel to toe. During the one leg stand, the defendant swayed while standing, used her arms for balance, put her foot down two times immediately. During the finger to nose, the defendant swayed while standing and missed the tip of her nose on each right call according to the officer. During the alphabet task, the defendant swayed while standing. The Firm filed a pre-trial motion to suppress arguing that the video did not OBJECTIVELY give the arresting officer probable cause to arrest the defendant for driving under the influence, regardless of the officer’s in court testimony. The Firm cited case law out of Orange County arguing that the judge should follow it. The judge agreed and granted the motion to suppress holding that the defendant was arrested without probable cause for Driving Under the Influence. The State dismissed the DUI charge.
DUI & Criminal Division
