The Client was traveling slower than the posted speed limit and kept crossing over the left and right solid white lines. At this point the Client was stopped by law enforcement who immediately noticed an odor of alcohoic beverages, slurred speech and bloodshot eyes. The Client then completed field sobriety exercises, somewhat poorly, although he had just gotten off work and was exhausted. The Client was then arrested and transferred to the Breath Alcohol Testing Facility. The Officer requested the Client to give a breath sample, without a spanish interpreter for the Client. The Client refused the breath sample. The Firm spoke to the Assitatnt State Attorney about the issues regarding the improper breath sample request and the fact that the Defendant was very exhausted when he completed the sobriety exercises. The Assitant State Attorney agreed that there were problems with the case for the State and agreed to dismiss the DUI charge.
DUI & Criminal Division
