Client was stopped for driving on the shoulder and speeding. Officer's report stated he smelled the odor of alcohol on client's breath and open containers of alcohol on the center console and floorboard. Officer stated client had slurred speech and watery, glassy, bloodshot eyes. Client stated he had a few beers.
Client was asked to perform Standardized Field Sobriety Tests which, according to the officer, client showed 6 out of 6 clues on Horizontal Gaze Nystagmus, 3 out of 8 clues on the walk and turn, and 3 out of four clues on the one leg stand. Client consented to a blood draw and the Toxicology came back at .192. I reviewed the video and saw some issues.
However, the big issue was the "consent" given by my client. After my client refused to give a sample, the officer told my client it would be better if he gave sample, "10 out of 10 times" his search warrants get signed, and client would get to keep his license...and then the officer turns off his body worn camera. This is when client consented.
After telling the state about the "consent" issue and them watching the video, the client's case was dismissed because reasonable prosecutors knew they could not prove the charge beyond reasonable doubt.
In the end, I won the Administrative License Hearing because the cop didn't show up. One top of that, I was Abel to win for my client and he didn't have to worry potentially spending up to a year in jail, paying up to $4000 in fines and a $6000 civil fee, and a Driver's License Suspension. Why? I knew what to look for, knew how to explain it to the state, and the reasonable prosecutors realized it wasn't a case worth taking to a jury.
