No license suspension for client observed with glassy/bloodshot eyes, slurred/mumbled speech, and a strong odor of alcohol on his breath
AA was pulled over for going through a red light and weaving. The officers observed that AA had glassy/bloodshot eyes, slurred and mumbled speech, and smelled like alcohol. AA was placed under arrest and transported to the police station where he refused to take the breath test. Based on his refusal, AA’s license was suspended for a year. However, following an evidentiary hearing, AA’s license suspension was thrown out because Mr. Fiscella showed that the arrest was made without “reasonable grounds.” Mr. Fiscella later proceeded to trial, and AA was acquitted of driving under the influence.