Police stop driver for maneuvering around toll booth traffic onto shoulder of road. Driver admits he lacks EZ pass and toll lane he entered was closed. Officer notes watery eyes, odor of alcohol and driver’s admission that he had a beer at a friend’s house. Driver participates in field sobriety tests and is arrested and charged with DUI when he fails to perform satisfactorily on HGN, balance and walking exercises. Defense prepared to challenge results based on his advanced age and physical limitations. Post arrest blood test drawn nearly two (2) hours after arrest is .038. DUI charge dismissed at trial management conference.