State v. A.M. – One Car Accident- Refusal
A Gwinnett County DUI Task Force officer approached A.M. after he was involved in a one-car accident. A.M. was on the side of the road trying to change his tire. He admitted to consuming three beers, and driving too fast for the turn. A.M. refused field sobriety tests telling the officer that he has not had his “one hour limitation” and that he has two injured legs, double vision, and the flashing lights from the officer's car would affect him. He refused the breathalyzer test, telling the officer that another police officer told him never to take a breath test. On cross examination, the officer admitted to Mr. Ryczek that every manifestation (except the odor of alcohol) he observed was just as easily explained by a head injury as it was from alcohol impairment, and the judge found A.M. not guilty of Driving Under the Influence of Alcohol.