Charge: OUI 3rd Offense, Marked Lanes Violation
Result: OUI- Not Guilty
Client was stopped by police for driving over a median and into the opposing lane. Officer detected a strong odor of an alcoholic beverage emanating from the client’s breath while speaking with him. Officer also observed the client’s eyes to be bloodshot and his speech was slightly slurred. Client admitted to having consumer four alcoholic beverages when asked. Client was asked to exit the vehicle and was unsteady and lost his balance while doing so. Officer administered a series of field sobriety tests. Client could not complete any of the assessments and was placed under arrest. Client consented to a breath test during the booking process with readings of .09 and .087.
The .08 breath test was excluded in this case for failure to comply with the procedures for introduction of the breath test. Also, when looking at pictures of the median it was apparent that many people could make this same mistake given the roadway and markings. Moreover, this client was older in age and had a variety of medical issues, which had an impact on his ability to perform the field sobriety tests. Finally, the client was with a few friends who were able to offer testimony about what he drank and his sober condition.