| Jul 29, 2025 | Case: 25-CT-006094 | Judge Casanova |
| Facts: | The defendant was stopped for swerving within the lane of travel and drifting over the dashed divider lines. Officers noticed an odor of alcohol and the defendant was requested to perform field sobriety tests. She then performed the HGN (eye test), walk and turn, one leg stand, and estimation of 30 seconds exercises. She was arrested for DUI and later refused a breath test. | |
| Defense: | An odor of alcohol alone is not enough to give an officer reasonable suspicion of a crime to request field sobriety tests. The firm put forth that all of her roadside tests were unlawfully obtained. In addition, the officers overexaggerated the extent of the weaving in their reports as compared to the videotape. After conversations with the State, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |