State v. SZ
The client was stopped after the officer determined she did not have auto insurance after running her tag. The only evidence of DUI was the officer's statement that the client had bloodshot eyes and an odor of alcohol on her breath. She refused to submit to the field sobriety tests as well as the State breath test. Because there was no less safe driving act and no other evidence of impairment, there was insufficient evidence of DUI and the prosecution agreed to reduce the charge to Reckless Driving.
Practice area(s): DUI / DWI