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The Situation: Defendant driving on I-95 and weaving in and out of the lane and onto the shoulder lane. Law enforcement was called by anonymous caller. Trooper responds and stops client after making observations consistent with report. Deputy was called to conduct DUI investigation. Deputy reported that the Defendant had red, watery eyes, very emotional and unsteady. Defendant refused breath/urine test and roadside sobriety exercises. The Deputy believed that Defendant’s behavior was the result of her driving while impaired by alcohol or controlled substance.
Result: DUI Dismissed without trial or hearing required. The State agreed with our argument that there was a lack of evidence to support the charges AND there was reasonable alternative explanation for the driving pattern and Defendant’s behavior.
The Situation: Late in the evening, the arresting Officer notices a vehicle speeding down a street and sees the front tire of the vehicle strike the median. The officer stopped the vehicle and reported that upon making contact with Defendant, she smelled an odor of alcoholic beverage coming from his breath. The officer also reports red, watery eyes and slurred speech. The Defendant admits having a few beers with dinner at a local bar and grill. The Defendant performs sobriety exercises on video at the jail but refuses to submit to a breath test.
Result: DUI reduced to reckless driving. The State agreed with our argument and after reviewing the video drop the DUI charges.