Client was observed failing to maintain lane as he approached a toll plaza, where he swerved to avoid hitting a divider. The officer followed him for a few miles, he exited the highway, and then a stop was initiated. Our Client refused to perform the field sobriety exercises, and the breath test. An arrest for DUI was made, in addition to being cited for failing to maintain a lane, careless driving, and not wearing a seat belt.
RESULT: The arresting officer failed to appear for the hearing. The officer that made the stop did appear and did testify. Testimony was elicited that the stopping officer was not in her jurisdiction when she observed our Clients driving pattern. The officer also held our Client for 45 plus minutes until officers with proper jurisdiction arrived. This will allow our attorneys to file a motion to suppress the stop. REINSTATED!