| Aug 21, 2026 | Case: 25-CT-004943 | Judge Gould |
| Facts: | The defendant was involved in a two vehicle traffic crash, whereby the defendant's vehicle rolled over. When officers arrived, they noticed an odor of alcohol and glassy/watery eyes. After performing the HGN (eye test), one leg stand, and walk and turn exercises, he was arrested for DUI. The defendant was transported to the hospital and never asked for a breath test. | |
| Defense: | Prior to trial, it was pointed out to the State that the defendant was not the at fault driver. The other driver pulled out on the highway without lights and pulled out in front of him causing his car to rollover. Yet, the officer still had the defendant perform physical exercises like the one leg stand and walk and turn after just being involved in a roll over crash. Any impairment that he exhibited could have as easily been attributed to the crash versus alcohol. The firm announced ready for trial and prior to trial after negotiations, the State Dropped the DUI | |
| Result: | The State dropped the DUI. | |
