posted 2014 | State v. C.H.

Defendant was stopped for speeding and the officer smelled alcohol coming from the defendant.  The defendant also admitted to drinking two “large beers” and eventually arrested for an enhanced DUI.  The officer claimed that the defendant failed the roadside sobriety tests and was insistent that Mr. Forman’s client was impaired.  The client provided a breath sample, which was double the legal limit and read .16 BAC.

Mr. Forman filed a motion to suppress arguing that the officer did not have reasonable suspicion to detain his client and request that he perform roadside sobriety exercises.  After hearing the motion, the trial court GRANTED the motion to suppress and excluded all evidence, including the field sobriety exercises and the .16 breath reading!  All evidence was thrown out of court by the judge.  The State is currently appealing the ruling.