San Francisco DUI Lawyer - Suppression of SFST’s

 Posted on October 31, 2012 in DUI

San Francisco, Sonoma, Marin, Napa DUI Attorney - Blood Test Suppression
Suppression of SFST’s
State v. Stricklin
2012 WL 1493830 (Ohio App. 6 Dist.), 2012-Ohio-1877 (April 27, 2012)

Defendant was stopped for an inoperable headlight. The officer testified that he had a “slight odor" of alcohol, bloodshot glassy eyes, and appeared “anxious" (though the latter claim was not in her police report). Defendant denied drinking, and he walked up to the headlight and gave it a bang that got it working. The officer then walked back to her patrol vehicle and determined that he had a prior DUI conviction four years earlier.

Given the de minimus reason for the traffic stop, coupled with the lack of any indicators of actual intoxication, there was not reasonable suspicion to warrant the administration of field sobriety tests.