In DUI arrest, state failed to establish probable cause given totality of the evidence.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1614221 , Decision Date: 2015-12-31 
Attachment: Click here to download the decision. 

Minor driving infractions (speeding, crossing the dashed lane marker, slightly grazing curb upon stopping), watery eyes, and moderate odor of alcohol, were insufficient to demonstrate probable cause when weighed against clear indicia that the driver was not intoxicated, including his clear speech, normal gait, and an appropriate responses to the officer’s questions.