Client stopped for driving without headlights at night. Trooper smelled odor of alcohol and client admitted to drinking. Trooper then removed Client from vehicle to perform sobriety tests. At trial, Attorney Segura got the DPS trooper to agree that prior to beginning sobriety tests all observations of Client’s mental and physical faculties appeared normal and that the sole reason for testing was evidence of alcohol consumption. Judge granted defense motion to suppress all evidence due to illegal detention. Jury was then instructed to return a verdict of Not Guilty.
State v. A. K. R.