The Client was stopped for failure to maintain a single lane. Once stopped the Officer noticed that the Client, who was elderly, seemed to be “out of it.” The Officer asked the Client to exit the vehicle had the elderly Client perform sobriety exercises, which she failed. As the Officer was arresting the Client he found marijuana in her pant’s pocket. She was then transported to the jail where she provided a breath sample under the legal limit, but her urine sample revealed multiple controlled substances. The State refused to dismiss the DUI charge based upon her cooperativeness and the fact that the sobriety exercises were not meant for someone of her advanced age. As a result, the Firm filed a motion to suppress the stop of the Client’s vehicle on the grounds of lack of probable cause. Shortly before the motion was argued the State agreed to dismiss the DUI charge.
DUI & Criminal Division
