The Defendant was observed traveling southbound along South Congress Avenue from Summit Blvd. and was drifting in and out of the center lane several times. The vehicle was also traveling 10 mph under the speed limit of 40 mph. Additionally, the vehicle kept randomly applying its brakes for no area to stop and turn. After making a turn onto Forest Hill Blvd., the vehicle drifted out of its lane with the left wheels passing the lane lines continuously. The vehicle was then stopped and the driver had a noticeable slur to her speech and had red, glassy eyes. Additionally, the driver smelled like alcohol. She said she left Clematis and had a few drinks. She performed poorly on roadside exercises and couldn’t even recite the alphabet correctly. The video of the driving pattern did in fact show the Defendant fail to maintain a lane one time. After being arrested, the Defendant gave a breath sample of a .130 and .121. The firm filed a Motion to Suppress arguing that the Defendant was stopped without probable cause of a traffic infraction and without reasonable suspicion of criminal activity. The Firm cross-examined the officer pointing out inconsistencies with his testimony and what the video evidence showed. The Judge granted the motion to suppress which resulted in all physical evidence (including the breath test results) being thrown out. Subsequently, the State dismissed the charges pending against the Defendant for Driving Under the Influence.
DUI & Criminal Division
