An Officer responded to a Mobil Gas station in reference to a call regarding a drunk driver. The clerk at the gas station notified 911 after a male subject operating a cream colored Mitsubishi was being aggressive towards other customers. The Defendant was allegedly sitting in the driver’s seat of his car while impaired according to the clerk. When the officers arrived, the car was on the northern side of the gas station with a flat left front tire. The Defendant came out of the business and identified himself. He immediately told the officer that he was “drunk” and “needed help.” He had bloodshot/watery eyes, an odor of alcohol coming from him and said that he struck a curb flattening his tire but didn’t know where. He was slurring his words and saying he was “so wrong”. Customers were complaining that the Defendant was cursing at them for not helping with the flat tire. The citizen said that the Defendant moved the car from one of the pumps to the place it was parked. During roadsides, the Defendant said that he “just can’t do this” and could not comprehend the officers due to his impairment. He was arrested for DUI and gave a breath sample of .229 and .247. The Firm filed a motion to suppress and submitted the motion with case law and a letter to case filing with the State Attorneys Office alleging that the Defendant was arrested without probable cause that he was in actual physical control of his vehicle. The State agreed and declined to file any charges against the Defendant.
DUI & Criminal Division
