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Marked lanes violations, open can of beer…

After observing multiple marked lanes violations police officer stops client’s vehicle shortly before 2:00 a.m.  Officer detects a strong odor of alcohol, bloodshot and glassy eyes, dilated pupils, and apparent slurred speech.  After fumbling for his license, client exits the vehicle in a slow manner at which time the officer observes a puddle of beer on the driver’s side floor.   Client performs, and fails, four field sobriety tests, including a Counting test.  Defense introduces medical records showing that client had a pre-existing knee injury that could have attributed to his performance on the field tests, and introduces a videotape of the booking procedure that seems to contradict the suggestion that client was unsteady on his feet and slurring his words.  VERDICT: NOT GUILTY.

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