| Feb 21, 2006 | Case: 05-009515MM10A (JURY TRIAL) | Judge Feiner |
| Facts: | The defendant was involved in a high speed rear-end collision whereby he struck a vehicle directly in front of him. The defendant's vehicle flipped over several times and the victim sustained injuries. An off duty officer witnessed the accident. Upon arrival, the investigating trooper noticed an extremely strong odor of alcohol on the defendant's breath, bloodshot eyes, and a flushed face. The victim testified in a pre-trial deposition that the defendant's car was riddled with beer cans. The trooper had the defendant perform field sobriety tests and subsequently arrested the defendant for DUI causing property damage and injuries to another. The defendant was also charged with refusal to submit to a breath test since this was his second arrest for DUI involving a refusal. | |
| Result: | After the cross examination of the arresting trooper in the middle of jury trial, the State dropped the DUI charge and the charge for refusing to submit to a breath test. | |