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The defendant was stopped for stopping in the middle of an intersection
and driving on the sidewalk. The officer noticed the defendant to have
an odor of alcohol, watery eyes, and slurred speech. The defendant was
also unsteady on her feet. According to the officer, the defendant failed
the field sobriety tests. For example, on the walk and turn exercise,
the defendant took an incorrect number of steps, used her arms for balance,
and did not touch heel to toe. On the one leg stand, the defendant put
her foot down numerous times. She was then arrested for DUI and after
her arrest blew a .141 and .140 in the breath machine.
The defendant was involved in a sideswipe crash in which the defendant's
driver's side was demolished. When officers arrived, they noticed
the defendant to have an odor of alcohol, slurred / mumbled speech, bloodshot
/ glassy eyes, and he was unsteady on his feet. The defendant agreed to
perform the roadside tests even though he had stated to the officer on
video tape that he was unable to do them because of the severity of the
crash, he was very upset, and he had been covered in glass. According
to the officer, he failed the videotaped tests and was arrested for DUI.
After his arrest, he refused the breath test.
Parks & Braxton had several pretrial talks with the prosecution. We
pointed out that any alleged impairment seen on tape was not due to alcohol,
but from the severity of the crash. On tape, the defendant had no shirt
on and was barefoot because he had been covered in glass from the driver's
side window shattering all over him. We gave the State several pictures
of the defendant's mangled car. The officer even had the defendant
perform the walk and turn and one leg stand tests while barefoot on concrete
after he had just taken off his socks that had glass in them. We also
pointed out how on tape the defendant kept telling the officer how upset
and shaken up he was from the crash.
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