Police pass client’s vehicle driving 45 MPH in 30 MPH zone. After stop for speeding violation officer notes client trying to hand over license through closed window and then overwhelming odor of alcohol and glassy eyes when driver fumbles and finally opens window. Police allege driver presents with slurred, slow speech, fails Walk & Turn test, One Leg Stand Test and Alphabet test. Defense successfully excludes evidence of .12 post arrest breath test. Not guilty finding following trial. Subsequent offense penalties under Melanie’s Law Lifetime Lookback provisions avoided.