DUI & Criminal Division

The Defendant was stopped in a crosswalk five feet past the stop bar. The light turned green and the vehicle did not move. After the light cycled through again, the officer activated his emergency lights and walked up to the car. The Defendant took a while to lower the window after the officer knocked on it. He was dazed and confused and said he was going to a city north of where he was, but he was facing south. The officer noticed his eyes were glassy and red and he had an odor of alcohol coming from him. He was asked to perform roadside exercises and performed poorly. He was even given 3 chances to say the alphabet but could not get through it. He was taken to the breath alcohol facility where he refused to submit to a sample of his breath. The firm spoke to the State Attorney’s Office before a filing decision was made and convinced them to drop the charges for Driving Under the Influence. This was based upon a closer review of the video of the roadsides and the video at the breath center.