Police on early morning stationary patrol notice passing vehicle slow, turn and park behind cruiser. Driver exits and approaches officer asking for directions. Officer notes odor of alcohol and slurred speech and asks driver to return to his car. When back up arrives police put driver through field sobriety tests and make arrest. Breath test at station .28 is excluded by the defense. Booking video footage does not support police allegation that driver is unsteady. Empty nips in driver’s car cannot be used as evidence because officer that made inventory search of car post arrest is not called as witness. Not Guilty verdict following trial. Lifetime lookback enhanced penalties of Melanie’s Law avoided.
25 years of Proven Results.