| Jun 7, 2021 | Case: 19-025152MU10A | Judge Lerner-Wren |
| Facts: | The defendant was found by road rangers sleeping in his vehicle. Officers had to bang on his window to get him to wake up. When he rolled down his windows officers observed an odor of alcohol, bloodshot eyes, and slurred speech. When he was out of the car, he was unsteady and swayed while he stood. The defendant refused to perform roadside tests and was arrested for DUI. He later refused the breath test. | |
| Defense: | There was no reasonable suspicion of a crime (ie. DUI ) to justify ordering the defendant out of the car. Also, there was a lack of actual physical control since he was sleeping in his car. | |
| Result: | The State dropped the DUI. | |