| Sep 25, 2009 | Case: 08-019731MM10A | Judge Cowart |
| Facts: | The defendant was stopped for running a stop sign and failing to yield right of way to a police car. The officer observed an odor of alcohol and requested the defendant to perform field sobriety tests. She performed the one leg stand and was unsteady throughout the exercise. On the walk and turn, she stepped off of the line and counted her steps incorrectly. She was arrested for DUI and blew a .131 in the breath machine. | |
| Result: | The Court Granted the motion. The breath test was excluded from evidence. | |