State v. KF
The charge was dismissed because the judge determined at a motion hearing that the officer did not have probable cause to arrest for DUI. The officer arrived on scene to investigate an accident the client was involved in and later determined the client had been drinking and arrested him for DUI. The client had explained that the accident occurred when another car had changed into his lane and clipped the front of his vehicle, pushing him off the road. The judge determined that the accident was not caused by impairment and it could not be shown that the client had been at fault. Because he did not perform any field sobriety tests and did not submit to the State breath test, there was insufficient probable cause to believe the client had been an impaired driver.
Practice area(s): DUI / DWI