State v. WU
The client was pulled over by police after he ran a red light. He was not asked to perform field sobriety tests, but instead the officers told him the tests were mandatory and that he would be arrested if he refused to cooperate. The officers also failed to read the implied consent notice as the law requires and the client was told he was required to submit to a breath test at the station. The charge was reduced to Reckless Driving after it was determined that the field sobriety tests and breath test results would not be admissible at trial because the officers used coercive tactics and forced the client to submit to the testing.
Practice area(s): DUI / DWI