License suspension reversed based on insufficient evidence that driver was under the influence

Topic: DUI, Decided by: Judge Malihi 
Docket Number: 2300824 , Decision Date: December 21, 2022 
Attachment: Click here to download the decision. 

The Court reversed the administrative suspension of a driver’s license, after concluding there was not enough evidence showing the driver had been under the influence of alcohol or a controlled substance while operating a vehicle.  The only material evidence showed the driver had been speeding prior to the traffic stop, had bloodshot/watery eyes, and had been experiencing possible confusion.  However, the evidence also showed the driver was steady on his feet, walked with no balance issues, and had no issues with his speech.

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