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State v. M.F. – DUI Refusal & Driving on a Suspended License

M.F. was pulled over for weaving.  Upon checking M.F.'s license, the officer found that M.F's license was suspended for pleading guilty to a drug charge several months prior to the DUI arrest.  (Mr. Ryczek successfully appealed the drug conviction, and eventually achieved a dismissal on the drug offense).  The officer handcuffed M.F. and patted him down for the officer's safety.  During the pat down, the officer detected a strong odor of alcohol on M.F.'s breath.  The officer removed M.F.'s handcuffs and asked him to perform field sobriety evaluations.  M.F. complied, but performed poorly on field sobriety evaluations.  In pretrial discussions with the judge and prosecutor, Mr. Ryczek convinced the judge and prosecutor that the field sobriety evaluations were subject to being suppressed from evidence at trial.  The judge and prosecutor agreed, and they dismissed the DUI.  M.F. pleaded nolo contendere to Reckless Driving.