Officers initiated a traffic stopped after our Client was observed swerving and speeding. When the officer made contact with the driver he noticed a strong odor of alcohol emitting from the facial area, and the driver’s inability to walk without stumbling. He agreed to take the field sobriety exercises, where he had performed poorly. After submitting to a breathalyzer test, the results were .267 and .273, over three times the legal limit.
RESULT: Although properly subpoenaed, the arresting officer failed to attend the hearing and failed to provide the hearing officer with just cause for his failure to appear. REINSTATED!