Aug 11, 2010 | Case: 09-2083MM10A | Judge Lerner-Wren |
Facts: | The defendant was observed passed out behind the wheel of his vehicle at an intersection, with the engine running. The first officer observed drool coming from his mouth. After waking the defendant the officer observed an odor of alcohol, extremely bloodshot eyes with slurred and mumbled speech. The driver was unsteady as he exited the car. The reports all indicate that the defendant understood the instructions on the field sobriety test and failed each exercise. He was arrested for DUI and blew a .225 and a .225 in the intoxilyzer. | |
Result: | The Judge granted the motion and threw out the breath test. The State dropped the DUI. |