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BOLO Report, 911 Caller, Failed FSTs…

Police are dispatched to be on the lookout for a particular vehicle after a 911 caller reports witnessing numerous instances of erratic operation.  Police officer then observes client travelling in excess of the speed limit and committing several marked lanes violations before deciding to stop the car.  Client displays an odor of alcohol, slurred speech, slow movements and appears confused.  Client allegedly fails five (5) FSTs and admits that his performance on the tests may have been impacted by his prior consumption of alcohol.  At trial, the defense demonstrates that the FSTs have little to do with a person’s ability to drive safely. Defense witnesses then testify that client had been at a funeral earlier in the day and had only consumed a small amount of alcohol prior to his encounter with the police.  VERDICT: NOT GUILTY.

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