Client was stopped for allegedly going 64 in a 35mph zone. When the officer approached, he noticed glassy eyes and an odor of alcohol. He also noticed the driver to be slow and lethargic. The officer asked our client where he was coming from and the client said “none of your business”. He was asked to step out of the vehicle and perform field sobriety exercises. According to the arrest report, he sternly refused. The officer told him he would cut him a break and let him call for a ride or walk home. Our client elected to walk home. After the officer left, our client re-entered his vehicle and attempted to drive off. He was stopped again by the same officer and arrested for DUI. We filed a motion alleging the stop was bad, and that there was no reasonable suspicion to investigate and no probable cause to arrest. After the motion was heard, but before the judge ruled, the state dropped the criminal charge.
DUI & Criminal Division
