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State v. S.C. – .202 Breath test

S.C. was stopped after a police officer claimed that he could see S.C. falling asleep behind the wheel of her car while they both waited on a traffic light to turn green.  After the light turned green, the officer followed S.C. and claimed that she weaved within her lane.  Another officer responded to investigate S.C. for DUI.  The two officers noticed traditional manifestations of impairment, S.C. performed poorly on field sobriety evaluations, and she registered .202 on the Intoxilyzer 5000 test.  At a pretrial hearing, Mr. Ryczek revealed problems with the stopping officer's credibility; S.C. was in a Mazda Miata, the officer was in a truck, and it was raining.  The judge found that the officer had no credible basis to stop S.C. and suppressed all evidence gathered after the stop.  Additionally, the judge suppressed the breathalyzer test results because the State failed to comply with the Implied Consent Law.  Without any evidence, the prosecutor was forced to dismiss the case.