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The defendant was stopped after he was weaving all over the road for a lengthy period of time. The officer noticed an odor of alcohol, slurred speech, and bloodshot watery eyes. Two unopened cases of beer were also spotted in the defendant's car. He was then asked to perform various roadside sobriety tests. He was then arrested for DUI and later refused the breath test. While being arrested, he allegedly pulled away and was tackled. He was also charged with resisting an officer without violence.
Although the erratic driving pattern was captured on video tape, the officer at that point only had reasonable suspicion to believe the defendant was DUI. After the defendant performed well on the field sobriety tests on tape, there was now a lack of probable cause to arrest him for DUI. The defendant did perform well on video tape and was still arrested. On the day of trial, the State Dropped the DUI and also he received no criminal conviction on the resisting without violence charge.
The roadside observations as written in reports were highly exaggerated as compared to the video. After several negotiations with the prosecutor, the State Dropped the DUI.
As a result of the crash, the defendant's car was completely inoperable. The defendant maintained that he did not begin drinking until after the crash. In addition, the firm presented a call log that proved that the defendant called the tow truck company shortly after the crash, and remained in the vehicle for over an hour until the police arrived. The law requires that the State prove beyond all reasonable doubt that the defendant was impaired at the time the vehicle was operable. Without evidence of intoxication at the time of the crash the State could not prove the DUI.
The State dropped the DUI.
The defendant was the at fault driver in a rear end crash. Officers did not smell any alcohol, but they noticed glossy eyes, and lethargic behavior. She was sweating profusely and was unsteady. Believing she was impaired by drugs, she then performed roadside tests. She performed poorly on tape and was arrested for DUI. She later refused a urine test.
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