State v. D.M. (Resolution Date 04/09/2022)
On September 18, 2021 local police were called to the scene of a white Mercedes that crashed into a parked trailer, resulting in the complete loss of the Mercedes. Upon approaching the Mercedes, the officers observed the driver who was standing by the vehicle somewhat dazed and disoriented. Upon approaching the driver, the officer made a general inquiry as to what happened whereby the driver indicated that due to consumption of alcohol he lost control of his vehicle and crashed into the parked trailer. Based on the admission of the driver, the officers placed the driver under arrest and submitted him to breath testing at the local police department. At the police station, the driver’s BAC level was .14%. After approximately a year of litigation, the breath test result of .14% was suppressed by the Court. Soon thereafter, the Driving Under the Influence (DWI) was dismissed in its entirety. The driver did lose his right to operate a motor vehicle for thirty days and was sentenced to a fine of $157 plus $33 court costs due to his conviction to reckless driving.
