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State v. R.D. – .14 breath test

R.D. was pulled over while speeding north on Interstate 85. Her speech was slurred, and her she was unsteady on her feet. She performed poorly on the field sobriety evaluations, and registered .14 on the breath test. At a motion to suppress hearing, the judge suppressed R.D.'s Horizontal Gaze Nystagmus test because the officer failed to administer the test as he was trained. The prosecutor dismissed R.D.'s DUI and she entered a guilty plea to Reckless Driving.