Case Number: XX-XXXXXXXXXX
While an Officer was working off duty at a local bar/restaurant, he observed the defendant driving on the wrong side of the road in a parking lot. The officer then approached the vehicle and allegedly observed the defendant to have bloodshot and watery eyes, slurred speech, a strong odor of alcohol and burnt cannabis emanating from the vehicle as well as an open beer container in the vehicle. The officer then placed the defendant in handcuffs because he was allegedly verbally aggressive and had severe mood swings. When a backup officer arrived, the handcuffs were taken off of the defendant and he was read his Miranda rights. The defendant was placed under arrest after he completed field sobriety exercises.
Charges: DUI, Possession of Cannabis and Driving While License Suspended.
Outcome: Mr. Sobel successfully argued that the actions on the part of the officer were illegal. The DUI investigation, the cannabis and the information obtained by the officer were all suppressed. The state subsequently dropped the charges