State v. DP
The client was pulled over for expired registration and the officer suspected he was under the influence of alcohol. They had stopped in the emergency lane on the interstate and traffic was traveling at over 65 mph. The officer told the client the location was unsafe to perform field sobriety tests but that he had enough evidence to arrest him for DUI. The client asked the officer what he could do to prove he wasn't drunk and the officer told him that the field tests were the only option and even though it wasn't safe, he could do the tests if he wanted to. Many of the clues the officer observed during the tests were due to the unsafe location and the State agreed that the field tests would be found inadmissible at trial and that the other evidence was insufficient to get a conviction for DUI and agreed to reduce the charge to Reckless Driving.
Practice area(s): DUI / DWI