The Defendant was driving around 3:00 a.m. without it’s headlights and taillights on. The driver of the vehicle then turned them on and swerved over the left line and made a wide right turn. The vehicle then continued over the yellow lane marker three times and nearly struck the median. After being stopped, the officer noticed a strong odor of alcohol, his eyes were red and glassy and his speech was slow and slurred. He said he had “nothing” to drink and submitted to roadside exercises. He was swaying as he exited the vehicle. He performed poorly on the roadsides, not even being able to say the alphabet. During the alphabet task, and after butchering it, he said: “Boy, I screwed that up.” The Defendant was arrested and taken to the breath alcohol facility where he refused to submit to a sample of his breath. The Firm negotiated with the State Attorney’s Office pointing out inconsistencies with the video from the jail and the roadside explanation. The State Attorney’s Office agreed to dismiss the charges for DUI the week before trial.
DUI & Criminal Division
