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D.W.I./D.U.I./O.U.I.

“Client stopped for not having headlights on. The police officer observed no erratic operation. The officer detects an odor of alcohol coming from inside the car, but never coming from the client and never tries to determine if the odor is coming from the passenger. Client admits to taking a Percocet and having a shot of tequila about 2 hours earlier. Client does not exhibit any signs of impairment, such as red, glassy eyes, slurry speech or dexterity problems in retrieving license and registration. Client is directed to exit the car walk to the rear of car. Client does so and again officer observes no signs of impairment or any odor of alcohol. Officer then asks client to perform field sobriety tests, which client agrees to do. Client subsequently arrested and submits to breath test with a result of a .14 BrAC. At trial the defense argues that the officer illegally exceeded the scope of the motor vehicle stop and had no factual basis to justify having client exit the vehicle and perform field sobriety tests. The Court agreed, holding that the officer exceeded the permissible scope of the stop, as such the stop was unconstitutional.”

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