(San Marcos Justice Court No. TR06-51320CR): Mr. C. was seen coming off the westbound exit ramp on the 101 at Elliott. The officer claimed he drifted over the fog line and then accelerated to 75 mph in a 60 mph zone. He was subsequently stopped and arrested for DUI. He provided a breath sample of .110. We were able to show that there may have been no reasonable suspicion to stop, and that the problem with Mr. C.’s Field Sobriety Tests had to do with a previous head injury he had received. We were then able to convince the prosecutor to dismiss the DUI and reduce the case to a Reckless Driving charge with zero days in jail.
