Not Guilty DWI – No Probable Cause
Client stopped for speeding. LEO smelled odor of MJ about clients person. LEO search revealed burned MJ blunt. Defendant performed poorly on all physical tests but told the officer he suffered from a herniated disk in his lower back. On the horizontal gaze nystagmus (HGN) eye test there were no clues of impairment. A subsequent blood test revealed Valium (diazepam) and indicators of THC in the blood. Impairment on Valium should have presented clues on the HGN test. The Court found that while there was probable cause for the arrest the state did not prove impairment beyond a reasonable doubt and entered verdict of Not Guilty for DWI.