The defendant was involved in a 3 car accident. The Officer arrived and stated he witnessed client exiting vehicle. He smelled the odor of alcohol when speaking with the defendant and noticed he was swaying as well. He proceeded with a DUI investigation in which the defendant failed the field sobriety exercises and blew a .142. We filed a motion to suppress because the officer could not testify that the defendant was driving at the time of the accident. The State dismissed the case.
DUI & Criminal Division
