Case Conclusion Date: October 30, 2009
Practice Area: DUI / DWI
Outcome: Dismissal
Description: Someone called in an erratic operator on Route 146. The officer spotted our client driving in the high speed lane of the highway and proceeded to follow him. The officer stated that almost immediately our client started to weave between the left and middle lanes as well as the left lane and the edge of the highway. When the officer activated his lights and siren our client stopped right in the left lane, rather than pulling over to the breakdown lane. When the officer approached the open window of the car, he said he immediately smelled the odor of fresh burnt marijuana. Our client immediately told the officer that he knows that he was weaving and it was because he was texting on his phone. The officer noted that our client’s eyes were glassy and that despite the flashlight being directly in our clients face, his pupils were dilated. The officer asked our client to step out of the car and noted that he was unsteady on his feet as the officers searched the car. The officer asked our client to perform 5 Field Sobriety Test, the Horizontal Gaze Nystagmus test, the 9-Step Walk and Turn test, the One Leg Stand test, the finger to Nose test and the Count Silently to yourself test. The officer stated that our client failed all of the tests. A judge dismissed the case.