Sep 1, 2006 | Case: 377455-W | Judge McWhorter |
Facts: | The officer observed the defendant passed out in a vehicle with the engine running. He attempted to wake up the defendant but there was no response. After banging on the window he eventually woke up. When the door opened, the officers noticed an overwhelming odor of alcohol. The defendant lost his balance when he exited the car. As he spoke with the officers he was barely understandable. The officers also found marijuana in the car. After placing the defendant under arrest for DUI and possession of marijuana he told the officers that when he got out of jail he would hunt them down. | |
Result: | The state conceded the motion to suppress and dropped both the DUI and marijuana charges. |