BASIC FACTS: Police officer sees the defendant’s car pull over on Route 125 after midnight. The defendant parked in the breakdown lane. Officer stops to check if the defendant is ok or whether he needs assistance. The police officer motions for the defendant to roll his window down. When the defendant rolls down his window he speaks with the officer, but is slurring his words significantly. The officer activates his blue lights and pulls in behind the defendant.

The police officer then conducts a series of “field sobriety tests” on the defendant. The defendant “fails” a “horizontal gaze nystagmus” (“HGN”) test, a “walk and turn test” and a “one leg stand test”. The defendant admits consuming several beers throughout the evening.

This defendant was arrested for driving while intoxicated (DWI). He submitted to a breath test that resulted in a reading of .18, which over twice the legal limit. Because he blew over .16 on his breath test, he was charged with Aggravated DWI. He decided to fight the case.

DEFENSE: The defendant was unconstitutionally stopped and seized, where he was not committing any traffic violations or crimes when the officer first ordered him to roll down his window. The defendant moved to suppress all the evidence against him due to this violation of his constitutional rights.

TRIAL: The state presented the testimony of the police officer that investigated administered the field sobriety tests and breath test. The defendant moved to dismiss the case at the conclusion of the state’s case.

RESULT: After trial, the defendant’s Aggravated DWI charge was dismissed. He drove away from the courthouse with no DWI conviction on his record!

Attorney Stevens thanks God for this successful defense!