DUI charge dismissed after field sobriety tests were thrown out of court
AO’s car was stuck in a ditch following a single car accident. He began walking to look for help. About a mile up the road, he saw an officer who he approached for assistance. The officer immediately began questioning AO about driving under the influence and transported him back to AO’s vehicle in a patrol car. Mr. Fiscella filed a motion arguing that AO was improperly placed under arrest when he was driven back to his car by the officer. The court granted the motion and ruled that all evidence obtained after the illegal arrest was inadmissible at trial, including the breathalyzer results. Shortly thereafter, the charges were dismissed.