| Aug 11, 2010 | Case: 08-027331MM10A | Judge Lerner-Wren |
| Facts: | The defendant was stopped for swerving as well as running a red light. The first officer observed an odor of alcohol, glassy eyes, slurred speech and unsteadiness when exiting the car. The defendant was seen throwing an open container of beer under the seat while talking with the officer. Soon after, a DUI task force officer arrived. He made the same observations along with bloodshot eyes and swaying. The defendant performed the walk and turn test, one leg stand, as well as the finger to nose test. Based on his performance he was arrested for DUI. The defendant subsequently blew a .145 and .143 in the intoxilyzer. | |
| Result: | The Judge granted the motion and excluded the breath test from evidence. The State dropped the DUI. | |