| Dec 12, 2024 | Case: 24-CT-049301 | Judge Ingram |
| Facts: | An officer heard the sounds of tires on gravel and screeching behind a Church and then saw the defendant pull out. He then observed the defendant braking excessively. Upon stopping the defendant, the officer noticed an odor of alcohol and slurred/mumbled speech. The defendant refused to perform any roadside tests and was arrested for DUI. He later refused a breath test. | |
| Defense: | During negotiations with the State, we pointed out that there was no legal basis to stop the defendant, as there was no infractions and no reasonable suspicion to believe that he was impaired. In addition, the officer never even placed the defendant in front of the dash camera prior to arresting him. Additionally, one could hear the defendant off camera and his speech sounded perfectly normal. There was a complete lack of evidence and the State Dismissed the DUI. | |
| Result: | The DUI was dismissed. | |