| Feb 7, 2024 | Case: AGR46XE (23-07384MM) | Judge Vaccaro |
| Facts: | Police were called to a bar because the defendant was allegedly causing a disturbance and needed to be trespassed. When the officer arrived, he came into contact with the defendant as she was seated in her truck with the engine running. The officer observed an odor of alcohol, bloodshot eyes, and slurred speech. She appeared unsteady, swayed, and she was very irate. She agreed to perform only the HGN (eye test) and then refused to perform any further roadside tests. She was then arrested for DUI and later refused a breath test. After her arrest, she was cursing and swearing at the officer the entire ride to the jail. She was also charged with disorderly conduct. | |
| Defense: | The firm announced ready for trial. On video and prior to her arrest on tape, she was not swaying, nor did she appear unsteady. In addition, her speech was not slurred. In fact, she appeared totally responsive and coherent. It was apparent on tape that the officer was getting frustrated and arrested her simply because she didn't want to perform roadside tests. She was very angry and cursing in the back of the patrol car because she felt she was being wrongly accused. On the day of trial, the State Dropped the DUI and dismissed the disorderly charge. | |
| Result: | The State dropped the DUI. | |