Our client was charged with driving while under the influence. The Defendant was seen swerving and breaking erratically. The vehicle went off the left side of the roadway before travelling in the oncoming lane of traffic. Our client was pulled over by law enforcement. The officer describes the defendant as having a thick tongue, watery and bloodshot eyes and a strong odor of alcohol emitting from the vehicle. Our client was told to perform several Field Sobriety Excercises, (FSEs). In his arrest affidavit, the police officer details the reasons how our client failed each of the FSEs which lead to his arrest.
Attorney Andy Ingram represented the Defendant. It was clear from the outset that the evidence from the arresting officer was compellingly strong. After a careful examination of the facts leading up to the arrest, Mr. Ingram questioned the lawfulness of the traffic stop. As a result, Mr. Ingram filed a Motion to suppress all evidence. During the suppression hearing, Mr. Ingram questioned the officer and challenged his answers. The State continued to argue that the traffic stop and arrest for DUI was lawful based on the poor driving and evidence of intoxication.
The judge ruled that the traffic stop was unlawful and therefore, all evidence that followed must be suppressed. Our client's DUI charge was completely dismissed.