While on routine patrol, northbound on Howard Avenue at Cypress St, the Officer observed the Defendant’s vehicle traveling northbound. The vehicle did not have any tail lights on. A traffic stop was conducted. Upon meeting with the Defendant, the Officer immediately detected the distinct odor of an alcoholic beverage. The Officer confirmed that the odor was emanating from the Defendant’s breath. The Defendant’s eyes also appeared glassy and the Defendant had a physically unsteady appearance that was indicative of intoxication. The officer also noticed the headlights were in the off position. The Defendant was asked to perform field sobriety exercises and agreed. The Defendant’s eyes exhibited a lack of smooth pursuit, distinct and sustained jerking at maximum deviation and prior to 45 degrees during the HGN test. The “walk and turn” and one leg stand” exercises were also administered. The Defendant performed poorly and exhibited various indicators of impairment. The Defendant was then arrested for DUI and taken into custody. The Defendant refused to submit to a breath alcohol test. Result: The firm was able to convince the State to drop the DUI charge after pointing out multiple issues with the video and police report discrepancies.
DUI & Criminal Division
