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.
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Author Bio

J. RUSSELL W. DeMENT III
RALEIGH CRIMINAL DEFENSE LAWYER
Russell W. “Rusty” DeMent III is a trial lawyer and managing partner at DeMent Askew Johnson & Marshall. A former Wake County Assistant District Attorney, he brings decades of courtroom experience to defending serious criminal charges in both state and federal courts, including DWI, violent crimes, and drug offenses.
Regularly recognized in Best Lawyers in America, Super Lawyers, and Business North Carolina’s Legal Elite, Rusty is a Fellow of the National College for DUI Defense and the Litigation Counsel of America. His legal insight and calm command in high-stakes cases make him a trusted advocate across North Carolina.
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