Facts: The Defendant was observed traveling westbound on Atlantic Avenue at 2:00 a.m. tailgating another vehicle. He then made a sharp lane change and continued changing lanes in and out of traffic. He was paced going 60 miles per hour in a 35 mile per hour zone. He then began driving on the solid white line for 2 blocks in the middle of 2 lanes. The Defendant then blew through a solid red traffic light that had been red for 3 or 4 car lengths. The Officer conducted a traffic stop and noticed the Defendant had bloodshot, glassy eyes. He smelled an odor of alcohol coming from his breath and his movements were slow while retrieving his documents. He told the officer he had been drinking at Cabanas celebrating his daughter’s engagement and that he “was going a little too fast”. He said he had 2 vodka beverages. His speech was slow, slurred and mumbled according to the officer. The Defendant failed to maintain his balance during the starting position for the walk and turn, started before being told to, missed heel to toe on every single step, stepped off the line 2 times and took 10 steps on the return instead of the 9 as instructed. During the one leg stand task, the defendant swayed while balancing, used his arms to balance, put his foot down 2 times and stopped counting at 20 and started over instead of continuing to 30 as instructed. During the Finger to Nose task, the Defendant failed to return his arm to his side and touched his nose with the middle of his finger on every attempt instead of using the tip of his finger. During the counting task, the Defendant skipped the number 14 and had to correct himself and used his arms to recover his balance. He was taken to the Breath Alcohol Testing Facility where he was asked to submit to a breath. At first, he was not sure if he should take one and then decided to submit to a breath test. He blew a .096 and .093. He told the officer he got to Cabanas at 9:00 p.m. and drank 2 vodka sodas. He was not sure when he had his first and was not sure when he had his last. The Firm argued that the State could not prove the case beyond a reasonable doubt and no evidence was admitted to show what the Defendant’s breath was “at the time of driving”. Additionally, the Officer’s testimony was inconsistent with the video evidence of the Defendant and therefore he was not a credible witness. After deliberations, the jury returned a verdict of not guilty.
DUI & Criminal Division
