On 12-27-09, at approximately 5:20 am, a Deputy reported that he witnessed the Defendant driving on Memorial Highway northbound. The Defendant was traveling 30 mph in a 40 mph zone, while drifting and weaving as they traveled. The Defendant exited Memorial Hwy onto Independence Pkwy which the Deputy noted the Defendant had difficulty negotiating the left bend in the roadway. Once on Independence Pkwy, the Deputy reported that the driver continued to drift and travel 10 mph under the speed limit. The Deputy then alleged the Defendant made a very wide radius turn onto George Rd. At this point, the Deputy activated his emergency equipment and stopped the Defendant for suspicion of DUI. After being stopped, the Defendant was requested to perform field sobriety exercises, which he complied. The Deputy believed the Defendant’s performance on the exercises was unsatisfactory and placed him under arrest for DUI. The Defendant submitted a breath test of .105 and .103. A video camera installed in the dash of the Deputy’s car recorded the entire driving pattern of the Defendant. The firm received a copy of the video and upon examination found the Deputy’s description of the driving pattern to be somewhat exaggerated. The firm filed a motion to suppress based on an illegal stop. Results: On the day the motion was to be heard by the Judge, the State dropped the DUI charge.
DUI & Criminal Division
