| Jul 7, 2021 | Case: 21-CT-011446 | Judge Gutman |
| Facts: | The defendant was stopped for speeding. The officer observed an odor of alcohol and bloodshot eyes. She then refused to perform all roadside tests and was arrested for DUI. She later refused the breath test. | |
| Defense: | In order to conduct a DUI investigation, the officer must be indicia of impairment. Here there was none, as she exhibited no erratic drving, no speech issues, and no balance issues. Thus, were was a lack of reasonable suspicion to even conduct a DUI investigation. | |
| Result: | The State dropped the DUI. | |