Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop
Motion to suppress and dismiss granted for lack of probable cause to arrest where my client was stopped for speeding, had an odor of alcohol, glassy eyes, admitted to drinking, as well as showed signs of impairment on the field sobriety tests. The court put little weight on the field sobriety tests because the officer acknowledged that the client was overweight, too heavy to have been an appropriate candidate for the tests. Held that in the totality of the circumstances, there was not probable cause that he was impaired because while there were some signs of consumption of alcohol, there was no reliable evidence that suggested that he was impaired.
February 12, 2019