An Officer was traveling southbound where the posted speed limit was 45mph. The vehicle in the lane to the left of the officer accelerated at a high rate of speed. The officer estimated the vehicle’s speed to be approximately 75 mph. The vehicle then slammed on the brakes to avoid hitting the car in front of it. The officer at this point conducted a traffic stop on the vehicle for speeding and following too closely. Upon approaching the driver of the vehicle, the officer immediately smelled the odor of alcohol on his breath. He also had glassy bloodshot eyes. When the Defendant was asked out of the vehicle, he swayed while standing. The Defendant was asked to perform field sobriety exercises, which he complied. He did not step heel to toe, stepped off the line and had to use his arms for balance on the walk and turn exercise. On the one leg stand, the Defendant swayed, used his arms for balance and had to put his foot down before the 30 second period was completed. The Defendant also had a considerable sway while performing the Alphabet and counting tests. The Defendant refused to provide a breath sample when requested by the officer. Result: The Firm was able to convince the State Attorney’s Office, based on lack of evidence, to drop the DUI charge.
DUI & Criminal Division
