Charge(s) – OUI
Result –Not Guilty
Client was stopped for weaving between marked lanes. When signaled by the officer he stopped in the left most travel lane and had to be directed to the breakdown lane. Client was asked to produce license and registration, which was done with no difficulty. Based upon conversation with the trooper, he observed the client to have a strong odor of alcohol, red glassy eyes and slurred speech. Based upon their conversation the client apparently missed the exit. The client refused to perform field exercises.
On cross examination, the trooper acknowledged that client’s wife was sick in the passenger seat and client was distracted a little. Also, prior to the client exiting the vehicle, the trooper did not believe the client was impaired rather perhaps had something to drink and wanted to investigate further. Once the client refused the field sobriety test (this testimony was not however admitted at trial), the trooper was forced to make a decision to arrest with little evidence to show the client was impaired by alcohol, thus client was acquitted.
