Client was observed driving at a high rate of speed. He hit a speed bump which cause his truck to leave the ground. When it returned, the tires squealed. He was pulled over for Reckless Driving. The officer noticed he had an odor of alcohol on his breath, bloodshot eyes, and a flushed face. The officer asked our client to perform field sobriety exercises. Are client asked if he would be arrested if he declined. The officer stated she needed a yes or no answer. Our client again asked if he would be arrested if he declined. He was then arrested and taken to jail. At the jail, he refused to provide a breath sample. The firm filed a motion to suppress all evidence because the stop of our client’s vehicle was illegal and there was no probable cause to arrest. The judge agreed with our motion and the State dismissed all charges.
DUI & Criminal Division
