Defendant was found asleep at traffic light with car in gear and foot on the brake. Officers disagreed whether odor of alcohol was present. Client detained for DWI investigation and consented to breath test with result of .153. At trial Attorney Segura got initial officer to admit that client appeared normal for person who had just been awakened and that there was nothing to indicate intoxication. The Judge granted Segura’s motion for Instructed Verdict agreeing that there was insufficient evidence to justify a detention to investigate for DWI.
State v. J. B. H.