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Abrupt Turn, Near Collision, Bloodshot Eyes, Unruly Passenger…

On a cold night in March, officer observes client make an abrupt turn across two lanes of traffic, almost striking another vehicle before entering the parking lot of a local pharmacy.  He detects a strong odor of alcohol coming from her person, and client’s eyes appear bloodshot and glassy.  She states she just had one glass of wine with dinner and then agrees to perform Field Sobriety Tests and on the condition that she be allowed to remove her high heels. The officer concludes that she failed the HGN Test and asks client is she would submit to a Portable Breath Test (PBT).  After she refuses, he goes on to administer the One Leg Stand Test before placing her under arrest.  A passenger in the vehicle is then placed into Protective Custody due to his level of intoxication.  Defense prepares to demonstrate at trial that the results of the field sobriety tests are of little value in light of client’s physical condition, the location and the weather at the time.  Negotiations result in an admission to a reduced charge.   VERDICT: DWI COMPLAINT DISMISSED

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