The Defendant was clocked traveling 45 miles per hour in a 35 mile per hour zone with her brake light out. After making an abrupt turn into a gas station, she was stopped by the officer. The defendant smelled of a strong odor of alcohol and had glassy eyes. She said she was working until 11 p.m. and had a glass of wine at work. She then said she went to the Key-Lime House where she had 3 vodka and orange juice drinks. She pulled into the gas station to buy wine coolers to bring to her friends house. During the walk and turn, the defendant did not walk heel to toe at all. During the Finger To Nose exercise, she continually held her hand on her nose after being told numerous times to put it right back down to her side after each command. During the alphabet task, she skipped around and missed some letters. She was taken into custody and charged with driving under the influence of alcohol. While at the Breath Alcohol Testing Facility, the Defendant told the officer that “she knew she should not be driving, but she had to pick up another friend at home who was more impaired. She was asked to submit to a breath test and continually asked the officer what she should do. She asked the officer what would happen if she blew over the legal limit versus if she refused the test. After the officer told her she had to make a decision, she finally refused. The Firm was able to get certain evidence excluded and convinced the Assistant State Attorney on the day of trial to dismiss the charge of Driving Under the Influence.
DUI & Criminal Division
