Judge Dismisses DUI Charge; Rules Woman Was too Old for Field Sobriety Test
A Pennsylvania judge dismissed an Ohio woman's drunk driving charge, ruling that she was too old to take the field sobriety test that she failed after being involved in an accident in Pulaski Township.
Danniel Weaver was 59 when she was charged with a DUI following an accident in February of 2010. She submitted to four field sobriety tests after the collision, passing three, but failing the one that required her to stand on one leg for 30 seconds.
According to the National Highway Traffic Safety Administration, the one-leg-stand field sobriety test should not be required for drivers that are 60 years of age or older.
The judge in Weaver's case, Common Pleas Judge Dominick Motto, ruled that the one-leg-stand test is not designed for those above the age of 60; since Weaver was on the cusp of turning 60 and had just been involved in an auto accident, the one failed sobriety test was not reliable evidence for a DUI conviction.
The police officer who conducted the field sobriety tests said that Weaver had glassy eyes and slurred speech, but the judge determined that more evidence was needed to convict Weaver with drunken driving.
Although a breath test was performed on Weaver, the results of the test were not included as evidence in her DUI case. It is not clear why the breath test was not submitted as evidence.
Drunk driving is a serious offense that results in serious punishments for those convicted, including a restricted drivers license, thousands of dollars in fines, and jail time. If you have been charged with driving under the influence, it is in your best interest to hire an experienced DUI attorney who will look out for your best interests and fight to get your charge dismissed. Contact a DUI lawyer in your area today.