| Mar 16, 2026 | Case: 25-CT-008626 | Judge Uzabel |
| Facts: | The defendant was stopped for speeding. Officers noticed an odor of alcohol and bloodshot/watery eyes. The defendant agreed to perform only the HGN (eye test) and then refused to perform any other field sobriety tests. He was arrested for DUI and later refused a breath test. | |
| Defense: | On tape, the officer told the defendant that it is not a crime to drink and drive, only if your normal faculties are impaired." Here, there was not one normal faculty that was impaired. Also, the cop said on tape, "I see you are standing well" (i.e., good balance.) After negotiations, the State dropped the DUI. | |
| Result: | The State dropped the DUI. | |
