Motorcycle driver stopped in early morning hours for traveling 57 MPH in 30 MPH zone. Officer notes and odor of alcohol and glassy eyes. Driver admits to consuming “three Bud Lights” earlier in the night. Police allege driver fails HGN and Walk and Turn, but admit he passes one leg stand. Defense alleges negative inference cannot be drawn from driver’s refusal of breath test because he was not provided complete implied consent warnings to include the right to an independent blood draw. This argument prevailed at DMV ALS hearing. Not Guilty Verdict following trial.
25 years of Proven Results.