Client arrested following single car roll over accident having informed arresting officer that he lost control of SUV while reaching to pick up cell phone from floor of vehicle. Driver exhibits difficulty completing field tests which require balance and coordination. Admits to five (5) drinks over course of evening. Defense presents medical records from driver’s visit to ER the next day and follow ups with his PCP, indicating inner ear and head injuries from accident, causing nausea, loss of balance, dizziness and nystagmus (eye symptom relied upon by police as evidence of intoxication, also symptom of head injury). Court allows defense motion to dismiss DWI complaint. Driver pleads to lesser offense of negligent driving.