| Aug 6, 2025 | Case: 25-CT-008203 | Judge Menz |
| Facts: | Police were called to a bar regarding an intoxicated male (i.e., the defendant). The defendant was causing a disturbance as he was allegedly threatening bar staff and telling them he was going to kick their asses. Officers located the defendant and conducted a traffic stop. They observed an odor of alcohol and mumbled speech. Due to the defendant a having various medical ailments, he performed nonphysical field sobriety tests such as the HGN (eye test), finger to nose, palm pat, and hand coordination. He was then arrested for DUI and later refused a breath test. | |
| Defense: | On tape, the officer had no idea how to instruct the defendant on the field sobriety tests. Her instructions were so confusing that no one could understand them. The defendant had to ask several clarifying questions over and over on tape. Even the prosecutor, after viewing the tape, agreed with our position. After a few conversations, the State Dropped the DUI and he received no criminal conviction. | |
| Result: | The State dropped the DUI. | |
