Our client was located, asleep, behind the wheel of a running vehicle, that sat through two green light cycles. Law enforcement woke our client up, and immediately ordered him out of the vehicle, thus detaining him. A second officer arrived on scene and asked our client to submit to Field Sobriety Exercises based on him being asleep and smelling of alcohol. Our client agreed to submit to Field Sobriety Exercises and was placed under arrest for Driving Under the Influence. At the jail, our client agreed to submit a breath sample, which was found to be over the legal limit. Based on the facts, our attorney filed a Motion to Suppress the detention of our client and the request for Field Sobriety Exercises because law enforcement lacked reasonable suspicion to request them. After a hearing on the facts and applicable law, the Court agreed with our attorney, and ruled everything from the moment our client was ordered out of his vehicle as inadmissible evidence that could not be used in trial. As a result, the State dismissed the charge.
DUI & Criminal Division
