Motion to Suppress Field Test and all other evidence granted DUI dismissed
May 18, 2023
The Defendant was found asleep in vehicle at traffic light and had odor of alcohol and bloodshot eyes, submit to field sobriety exercises. The court found that based on a totality of the circumstances, the officer did not have reasonable suspicion to request that defendant submit to field sobriety test. The defendant did not voluntarily consent to performance of exercises because law enforcement officers’ body-camera footage showed that defendant was surrounded by five uniformed and armed officers, patrol vehicles were blocking off roadway around defendant’s vehicle with their overhead lights flashing, and officer unholstered taser in show of authority when defendant resisted performing exercises. Further the arresting officer lacked probable cause to arrest defendant for DUI, therefore defendant’s motion to suppress pre-arrest field sobriety exercises, resulting arrest, and refusal to submit to breath test is granted.
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