After responding to the scene of a two car vehicle crash, the officer reported substantial damage to both vehicles. The officer interviewed both drivers, with one commenting on the erratic driving pattern of the other driver. When our client, the second driver was interviewed, it was noticed by the officer that she had difficulties maintaining her balance on the flat pavement, and that her speech was slurred. When questions were asked, her statements did not make sense to the officer. The officer then asked if our client would be willing to submit to field sobriety exercises to determine if she were under the influence of an alcoholic beverage or controlled substance. Our client agreed to the exercises, where she had performed poorly. A urine test for drugs had been refused.
RESULT: There was no mention of an odor of alcohol in the arrest report; the client refused a urine test for drugs; and the arresting officer who was not a DRE (Drug Recognition Expert) could not testify regarding his opinion that the client was under the influence of a controlled substance. After diligently confronting the ASA (Assistant State Attorney) with the facts, the DUI CHARGES WERE DROPPED!