DUI & Criminal Division

On September 5, 2014, a DUI investigator was called to the scene of a single vehicle crash. A motorcycle had been traveling westbound on Waters AVe at approximately 40 mph. The motorcycle driver stated an suv pulled out in front of him and he was forced to lay the bike down to avoid a collision. The crash investigator found no other vehicles at the scene. The driver of the motorcycle then changed his story to say it was a sedan that pulled out in front of him. The crash investigator could only find a single skid mark the size of the motorcycle tire. There were scrapes on the motorcycle and on the pavement consistent with an accident. There was no physical evidence or witnesses indicating any other vehicle was involved. When the DUI officer arrived he noted a distinct odor of alcoholic beverage and bloodshot, glassy eyes on the driver of the motorcycle. The Driver also displayed a noticeable sway while standing. The Driver allowed the DUI investigator to check his eyes for HGN, and the investigator noted all 6 possible clues of impairment were present. the investigator then requested the driver perform field sobriety exercises. The driver refused to submit to the exercises. The driver was read his miranda rights, which he waived. The driver then stated he takes an anti-depressant and had 1 beer earlier in the night. The driver also stated the combination could be messing him up. The DUI investigator again requested the driver to perform field sobriety exercises, which were again refused. The Driver was placed under arrest for DUI. The driver had a previous DUI conviction in 2011 and refused to provide a breath sample after being placed under arrest. Result: The case was set for trial, before trial the state dropped the DUI charge.