A sheriff deputy noticed a vehicle on River Road approaching the rear of his vehicle at a high rate of speed. As the vehicle closed in on the deputy’s car, the deputy had to swerve his vehicle to the right of the roadway to avoid being struck. As the Deputy swerved, the vehicle swerved into the oncoming lane of traffic, nearly causing a head-on collision. The vehicle then swerved back into the correct lane of travel. The Deputy activated his overhead emergency equipment and attempted to stop the vehicle. The vehicle continued to travel at speeds between 75-85 mph. The vehicle crossed the center line several times almost causing several other accidents. The vehicle finally yielded and came to a stop approximately 7 miles after the deputy activated his lights. As the deputy approached the vehicle, he made contact with the Defendant who was in the driver’s seat. The Defendant had a strong odor of alcoholic beverages on his breath. The Defendant agreed to perform field sobriety exercises. The Defendant attempted to perform the One Legged Stand test 4 times, but could not perform the test for more than three seconds each time. The Defendant also attempted the Finger to Nose test, which indicated clues of impairment. During the alphabet test, the Defendant incorrectly recited the alphabet. The final test was the walk and turn test, which the deputy allowed the Defendant to perform 4 times. During one of the attempts, the Defendant almost fell over causing the deputy to have to catch him. The Defendant was arrested for DUI and requested to take a breath test. The results of the breath test were .228 and .246. The firm raised several issues with the breath test results and the State dropped the DUI charge.
DUI & Criminal Division
