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0.209 and dry heaving trying to vomit

Charge Faced: DWI

Case Result: Case Dismissed

Eduardo was pulled over for weaving and not using his turn signal changing lanes (that was not on the video).  The stop officer contacted Eddy and smelled the odor of alcohol and was told that Eddy had worked 9 days straight.  The officer did not attempt to conduct any sobriety testing or any type of investigation.  He detained Eduardo for more than 25 minutes waiting for a DWI officer to arrive.  Eddy was asleep with the DWI officer arrived and he had to wake him.  Eddy had to use the car for balance when exiting and almost fell down.  He had a heavy sway while standing and bent over and started to dry heave as if he was going to vomit.  We set the case for trial.  We had a legal issue on the legality of the stop and on the legality of the length of detention prior to the DWI officer arriving.  The legal technicality was what we were basing our defense on.  On the 4th trial setting, the entire case was dismissed.

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