The Defendant was clocked going 101 mph in a 70 mph zone. The Defendant stopped and fumbled for his wallet and handed the officer a rental agreement for the car instead of the license as requested. He was in a good mood and extremely friendly. The officer noticed a strong odor of alcohol on the defendant’s breath, glassy watery eyes, dry mouth and his speech was thick tongued. He was unsteady on his feet and swayed from side to side. He seemed to be rambling and asked to be let go and to be given a break. He was unable to stand heel to toe and lost his balance during the walk and turn. He could not keep his leg up for more than 7 seconds and used his arms to balance himself on the one leg stand. Additionally, he performed poorly on the finger to nose task. The Defendant was arrested and asked to submit to a sample of his breath at the jail. After multiple attempts, he would not properly blow into the breath machine and the officer declared his inability to give a sample a refusal. He admitted to drinking four beers during the evening when being questioned by the officer. The Firm pointed out numerous problem areas to the State Attorney’s Office including the fact that the video did not depict a person who was impaired in addition to the fact that the roadsides were not captured on video. On the day of trial, the State dismissed the charge for Driving Under the Influence.
DUI & Criminal Division
