The defendant was stopped by police for traveling 58 miles per hour in a 45 mile per hour zone. Police noted that he had a dazed appearance and that he had trouble focusing while talking to police, and that he had glassy, bloodshot red, and watery eyes. Police also noted that the defendant was fumbling through his paperwork when asked to provide his registration and insurance. Police further noted that when the defendant was asked to walk to the patrol car he could not walk in a straight line without losing his balance as he was swaying. The defendant performed poorly on roadside exercises and was arrested for DUI. The defendant refused to provide a sample or his breath when asked by police. The defendant was found not guilty of DUI after trial 12-11-07.
DUI & Criminal Division
