Police officers respond to local convenience store for report of intoxicated patron that was just involved in minor collision in parking lot. Police find driver in store buying snacks. He is escorted outside where he reluctantly submits to field sobriety tests after initially refusing same. Defense successfully excludes filed sobriety test evidence based on initial refusal and non- consensual participation. Necessary witness to alleged bad driving fails to appear as witness at trial. Insufficient evidence of intoxication, statements regarding refusal of field sobriety tests excluded, prosecutor cannot prove operation. Not Guilty Verdict following trial.