| Nov 15, 2023 | Case: 23-CT-026975 | Judge Garagozlo |
| Facts: | The defendant was the at fault driver in a side swipe crash. Officers observed the Defendant to have an odor of alcohol, glassy eyes, a fixed gaze, and slurred speech. When asked if he had drank any alcohol, the defendant stated, "not much." He then performed various field sobriety tests such as HGN (eye test) and walk and turn. He was subsequently arrested for DUI and later refused a breath test. | |
| Defense: | The firm pointed out to the State that the defendant stated numerous times that he had to urinate, yet the cops wouldn't let him go. The defendant, being made to hold his urine in and not being allowed to go to the bathroom, could have affected his performance on the field sobriety tests. In addition, we pointed out that on tape, the arresting officer was telling another officer that the defendant may need to be transported even though she hadn't even started the dui investigation. Thus, she had it in her mind that she was going to arrest him no matter what. After conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |