| Jan 20, 2011 | Case: 08-3403MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for veering over the lane marker 4 times into the bicycle lane. After the stop, the officer noticed a strong odor of alcohol, bloodshot eyes, as well as being unsteady while exiting the car. The stopping officer called for another officer to conduct the field sobriety tests. The DUI officer noticed that the defendant was swaying side to side and asked him if he had been drinking. The defendant told the officer that he had a few beers. The defendant performed and allegedly failed the HGN (eye test), one leg stand and walk and turn test. The defendant was subsequently arrested and blew a .150 in the breath machine. This was the defendant's 2nd DUI. | |
| Result: | Subsequent to losing the breath test evidence the State dropped the DUI. | |