The defendant's bac was .07. The law in the defendant's state states "Must be .08 or above OR be noticeably and perceivably intoxicated." The defendant was pulled over for speeding, but was not driving eratically. A video shows the defendant speaking clearly and appearing sober. The video cuts out right before the field sobriety tests occur. The officer states that the defendant failed field sobriety tests, and that he had very bloodshot, watery eyes, slow slurred speech, and a strong odor of alcohol and that his blood alcohol percentage reading of .07 may have actually been higher when he was driving. The defendant states he has a documented history of hayfever and thus bloodshot, watery eyes and speaking with a lisp, much of the alcohol odor could have been from his passenger, and that he did not feel intoxicated. Thanks.
2006-06-30
19:19:43
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