DUI & Criminal Division

The defendant was observed making a wide left turn. The officer made a u-turn and began to follow the defendant. The officer followed him for 45 seconds and observed him bouncing around the lane and touch the fog line once. Based on these observations, the officer pulled the defendant over. When he approached the vehicle, he smelled a strong odor of alcohol and began to question the defendant. The defendant was confused and thought he was in another city 10 miles away. When asked to do field sobriety exercises and provide a breath sample, the defendant refused. He was then placed under arrest. We filed a motion claiming the stop was unlawful and the motion was granted. Therefore, the case was dismissed.