DUI 2nd Offender, Facing Jail Time, Blows .11

NO DUI CONVICTION!

As officers were completing a traffic stop, a dark colored Ford F-150 passed by at the regular posted speed when it failed to yield for an emergency. During that time, the patrol units had their rear lights activated, which were illuminated from all angles. The Ford F-150 failed to provide sufficient distance between vehicles, where the driver squeezed between passing traffic and the patrol car, prompting the officer to make a traffic stop, in violation of the Move Over Law. When in contact with the driver, the officer noticed a strong odor of an alcoholic beverage emitting from his facial area, bloodshot watery eyes, and slurred speech. When asked to step out of the vehicle the driver collapsed and fell to the ground. The officer had asked how much he had to drink, where he responded “I had 7-8 beers!” and “I guess that I am over the legal limit?” Field sobriety checks were administered, where our client had failed. After a 20 minute observation period, two breath samples were read, one at .09 and another at .11. Our client was arrested and charged with DUI and cited for the Mover Over Law violation.

RESULT: We filed a Motion to Suppress based on a violation of the multi-jurisdictional mutual aid agreement procedures and no probable cause for the stop. We were able to convince the State to amend the DUI 2nd, resulting in NO DUI CONVICTION!

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