On November 2, 2011 Mr. Andrew Protogyrou defended a speeding and DUI matter in Norfolk. The Defendant had been out with her roommate and sister at a local pub. Upon leaving the pub with her roommate and heading home, she was stopped for speeding 45/30 mile per hour zone.
The officer smelled alcohol from the passenger compartment. The driver was told to exit. She performed three field sobriety tests but the officer only testified as to the results of two of these. One was the HGN test. The other was the walk and turn.
The defendant never admitted to drinking any alcohol. The defendant was placed under arrest. The BAC was .13, measured by breathalyzer. On cross examination the officer admitted:
- The defendant did not weave/cross any lanes while driving.
- The HGN test was the weakest test to rely upon and the officer did not know the defendant’s HGN findings in advance of the stop.
- The defendant performed the walk and turn and never stepped off the imaginary line, but “missed” heal to toe.
- The officer testified the defendant performed the one legged stand. He gave the instructions to the Court but never testified to the results.
- The defendant did not testify.
Upon conclusion of evidence Mr. Protogyrou argued that the totality of circumstances did not manifest that the defendant was intoxicated while driving. The defendant’s driving was speeding but not reckless, she performed well on her field sobriety tests and the evidence was not beyond a reasonable doubt. The case was dismissed.