Our client was pulled over at 1:50 a.m. while operating his vehicle without head lights being activated and traveling at 72 mph in a 45 mph zone. When questioned about consuming alcohol, our client admitted to drinking beer at a local bar just prior to the stop of his vehicle. After arrest on suspicion of DUI the officer requested a breath test, which registered at .098 and .096.
We were able to find inconsistencies between the police report and the video, which coupled with the video evidence which illustrated our client moving around without mobility issues and engaging the officers in logical communication, provided us with enough evidence to indicate that our client’s normal faculties were not impaired, despite providing a breath test which was above the legal limit. The State agreed and dismissed the DUI on 9-4-2018.