John was asleep when the Richmond Hill police officer found him. He was sleeping in his truck at the Richmond Hill police station parking lot. He had been there for several hours when a police officer banged on the glass and woke him up. The officer asked him to get out of the truck. He did. The officer smelled alcohol on him. He asked if he drank. “Yes,” he said, “Yesterday.” John told them “I was in Bryan County and didn’t want to drive and thought this was the best place to be.” The Richmond Hill police officer asked him to do field sobriety tests. He agreed. He did the Horizontal Gaze Nystagmus (eye test) and the One Leg Stand. Then he was arrested for DUI less safe.
The police officer didn’t see him drive. He didn’t know what time John parked in the Richmond Hill police station parking lot. He didn’t how long he had been there sleeping. His truck was not on. The engine was not warm. The police officer failed to show that he drove within three hours of drinking alcohol. They did not ask him to do the Walk and Turn field sobriety test. They didn’t ask him to blow in the Preliminary breath screening device. His eyes were not red. No alcohol was found. He gave them his license. His speech was normal. He was mentally alert. They never asked how much he drank. They never asked when he drank. They never asked where he drank. They never asked what he ate. They never asked who he was with. When he got out of his truck he didn’t use his door for support. He exited his truck perfect. He walked fine. He did everything the police asked him to do.
In the end, the DUI was dismissed in Bryan County and my client walked away from Richmond Hill a happy man.
Judgment: DUI refusal dismissed in Bryan County