An Officer received a complaint from a mall security guard that a Driver hit his golf cart with her vehicle and then drove away. The security guard stated he thought Driver may have been intoxicated. The Officer stopped the Driver and immediately smelled alcohol on her person. The Defendant slurred her speech, had bloodshot eyes and acted confused. The Driver performed Field Sobriety Testing and failed. The Defendant agreed to submit to a Breathalyzer Test and blew .194 & .184, over twice the legal limit of .08. The Department of Highway Safety and Motor Vehiclessuspended the Client’s license.
RESULT: The Attorney filed a request for a Formal Administrative Review Hearing before the Department ofHighway Safety and Motor Vehicles. The Defense subpoenaed the Officer and witnesses to the arrest. The Attorney proved the Officer lacked probable cause to initiate a traffic stop and failed to provide evidence that the Client was in control of the vehicle while under the influence of alcohol. The Department of Motor VehiclesLIFTED and REINSTATED the Client’s license.