Driver drifts in his lane and crosses over the lane dividers several times. Officer turns on emergency lights, but driver continues on, passing two side roads. Finally, driver makes a stop on the roadway, not even pulling off onto the shoulder. The officer makes contact with the driver who admits to having a few drinks. Further, the officer observes the driver having bloodshot, watery and glassy eyes, a flushed face and hears slurred speech and detects a strong odor of alcohol. When asked to exit the vehicle, the driver uses his car door for support and stumbles back to the officer’s vehicle. His performance on the exercises were poor. He could not maintain his balance, couldn’t walk a straight line, and missed touching his nose with his finger six times. Breath tests results were .143 and .135.
RESULT: Our attorney observed, among other things, that the video in this case did not support the officer’s description of the client’s driving pattern. He then filed A Motion to Suppress the Stop, challenging the officer’s probable cause to Stop the client’s car in the first place. In doing so, our attorney was able to convince the Prosecutor to reduce the charge to a lesser offense. Then the attorney pushed even further, and was able to persuade the judge to withhold a finding of guilt on the lesser charge, resulting in NO DUI CONVICTION AND NO CONVICTION ON THE LESSER OFFENSE!