| Jan 10, 2025 | Case: 24-CT-003245 | Judge Gould |
| Facts: | The defendant was the at fault driver in a rear end crash. Officers noticed an odor of alcohol, sluggish speech, a flushed face, droopy/glassy eye lids, and he admitted to having consumed a beer and one Jack Daniels after playing golf. He then performed the HGN (eye test), walk and turn, one leg stand, and finger to nose exercises. He was then arrested for DUI and later refused a breath test. | |
| Defense: | The firm announced ready for trial. Just prior to the trial date, we pointed out to the State that the officer had the defendant, who is 71 years old, do the walk and turn and one leg stand, even though he told them on tape he had two hip replacements and ankle/foot issues. In addition, his speech was normal on tape and not sluggish, he was not off balance, totally responsive and coherent, and very polite. The firm had also listed the three witnesses who he had played golf with were ready to testify that the defendant was not impaired when he left the golf club just prior to the crash. The State Dropped the DUI a few days before the trial date. | |
| Result: | The State dropped the DUI. | |