State v. T.B. – .132 Breath Test and Failure to Maintain Lane
A State Patrol Officer pulled T.B. over for weaving over the right fog line, then the yellow line. He pulled her over and she performed field sobriety evaluations. She exhibited all the clues on the Horizontal Gaze Nystagmus test, and failed to walk a straight line. The trooper arrested her for DUI, and read the Implied Consent Notice to T.B. She never answered the trooper whether she would submit to a breath test telling him she did not know what to do. Rick convinced the prosecutor to reduce the case to Reckless Driving to help T.B. as she never consented to the breath test.