| Sep 17, 2026 | Case: 26-CT-005393 | Judge C. Brown |
| Facts: | Officers responded to a call for service as the defendant's vehicle was disabled and blocking a road near the highway. Officers found the defendant passed out in the driver's seat. They observed the defendant to have an odor of alcohol, watery eyes, and an unsteady gait. The defendant then performed the HGN (eye test), walk and turn, finger to nose, and one leg stand exercises. He was arrested for DUI and later blew a .135 and .127 in the breath machine. | |
| Defense: | Parks & Braxton filed a pretrial motion to suppress the breath test results. While requesting a breath test, the officer misled the defendant into believing that if he blew, he would get a hardship permit, but if he refused, he would not. That was a misstatement of law. Just prior the motion hearing date, the State knew they would lose the breath test based on all the case law and Dropped the DUI. | |
| Result: | The State dropped the DUI. | |
