Result: OUI- Not Guilty
Client was observed speeding and making several marked lanes violations and was stopped by police. Officer approached the vehicle and immediately detected a strong odor of an alcoholic beverage emanating from within the vehicle. Officer observed the client’s eyes to be bloodshot and glassy, and he spoke with slurred speech when responding to questions. Client admitted to having three mixed drinks earlier that evening when asked. Officer administered a series of field sobriety tests. Client had difficulty completing all assessments and was placed under arrest. Client consented to a breath test during the booking process with readings of .10, .079, and .10.
The breath test in this case was excluded for failure to comply with procedures to introduce the test. This client performed well on some tests and decent on others. Client was very respectful and cooperative. The trooper acknowledged that the client performed many things satisfactorily. Based upon the testimony there was reasonable doubt in this case resulting in a Not Guilty.