On February 15 2011, the Defendant was observed traveling at a high rate of speed. His vehicle then made a sudden turn and the left front tire struck the curb. The vehicle completed the turn with the tires squealing through the rest of the turn. As the officer began following the defendant, he observed a cup being thrown out of the Defendant’s window. The officer then initiated a traffic stop. When asked why he threw the cup out of the window, the Defendant responded he knew he was not supposed to have an open container in the car. While speaking with the Defendant, the officer noticed that he had trouble answering basic questions and was slurring very badly. The officer also noticed a very strong odor of an alcoholic beverage coming from the Defendant’s breath. The officer asked if he could search the Defendant, which he agreed, and a glass pipe with marijuana residue was found in his front pocket. A DUI unit was called to the scene and requested the Defendant to perform field sobriety exercises. The Defendant refused to perform the exercises. The Defendant was then placed under arrest for DUI and requested to submit to a breath test. The Defendant refused the breath test as well. Result: Case was set for trial, the State dropped the DUI.
DUI & Criminal Division
