2009CT017192NC
The Defendant was in a traffic accident and during the course of the crash investigation the officer reported smelling the odor of alcohol on one of the people at the scene. He then switched to a DUI investigation of the Defendant. Upon further investigation the officer said the Defendant swayed while he was walking, had bloodshot, watery eyes and slurred speech. The Defendant attempted to perform Field Sobriety Tests including the eye test (Horizontal Gaze Nystagmus) and the walk and turn. The Defendant stopped responding to the officer’s requests during the walk and turn and would not answer the officer when he asked if the Defendant was refusing to complete the Field Sobriety Tests. The Defendant was then placed under arrest for DUI with property damage. At the Sarasota County Jail the Defendant refused to take a breath test. Despite his refusal to take a breath test and his results on the field sobriety tests, attorney David Haenel convinced the State not to file charges in the case.
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