2009CT003344NC
The Defendant was stopped for speeding and driving carelessly. When the Defendant was stopped by law enforcement the Deputy noticed an odor of alcohol and that he appeared disoriented. The Deputy called out a specialized DUI deputy to further investigate the Defendant. The DUI deputy noticed the same indicators of impairment along with bloodshot eyes and slow speech. The Deputy asked the Defendant to perform several field sobriety tests including the eye test (horizontal gaze nystagmus), the walk and turn, and one leg stand. The Deputy arrested the Defendant for driving under the influence. Once at the jail, the Defendant provided two breath samples with the results of .131 and .126. After his arrest the Defendant hired the Law Firm of Finebloom and Haenel. AnneMarie Rizzo and David Haenel immediately began their independent investigation to attack the State’s case against the Defendant. AnneMarie Rizzo and David Haenel were able to successfully suppress the breath test results. Therefore, the State was not allowed to use the breath test against the Defendant. The State then reduced the DUI charge to Reckless Driving.
