The Defendant was stopped for traveling 62 in a 45 mile per hour zone. The Defendant was stopped and the Officer noticed that he had bloodshot, red and glassy eyes. He also smelled an odor of alcohol coming from him. His movements were slow and so was his speech. He told the Officer he had consumed 1 to 2 alcoholic drinks about an hour ago. He was asked to perform roadside tasks where (according to the officer) he performed very poorly. He was arrested and taken to the breath facility where he was asked to submit a sample of his breath. He blew a .064 and a .067. The Firm sent a request to the Supervising Attorney of County Court requesting that the case not is filed due to the State’s inability to prove the charges beyond a reasonable doubt. The Supervising attorney agreed on 10/26/11 and dropped the charges for Driving Under the Influence.
DUI & Criminal Division
