| Feb 22, 2022 | Case: 21-CT-502851 | Judge Gagliardi |
| Facts: | The defendant was stopped after being observed by police facing west in the eastbound lane. The officer observed an odor of alcohol, glassy/watery eyes, and he admitted to having drank two beers. He then performed various field sobriety tests and was arrested for DUI. He later blew a .088 and a .081 in the breath machine. | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress the breath test results. In our motion, we alleged that the defendant was led to believe that if he blew under the legal limit, he could be released from jail. This was on the video tape as well. That was a coercive and misleading statement in order to get the defendant to blow in the machine. Prior to any motion hearing, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |