Myles L. Berman DUI / Drunk Driving Case Of The Week 10/22/12 #1
Our client was stopped after accelerating causing tire burnout or skidding and failed to yield to officer’s emergency lighting for about one mile. Client had odor of alcohol, bloodshot/watery eyes, slightly slurred speech and unsteady while standing. Client admitted to drinking 8-10 beers at a boating event. Client failed 5 field sobriety tests and blew a .16/.17 on portable breath test. Client was then arrested for DUI / Drunk Driving. After arrest, client blew a .15/.15. Prior to trial, we filed and argued a motion to suppress the evidence as there was no probable cause to stop our client. The court granted our motion. Both driving under the influence of alcohol and driving with a .08 or greater in the blood were dismissed.
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