STATE v. J.K. (State Court of Carroll County)

Our client was followed after leaving a local bar and stopped because he touched the center line a couple of times. The officer performed the horizontal gaze nystagmus test incorrectly, although he tried to change his story on the witness stand, and his evaluation of the walk and turn and one-leg stand were hypercritical. Our client refused to take the State’s breath test on the Intoxilyzer 5000, and he did not appear to be under the influence on the video. The jury acquitted him of the DUI charge after forty-five minutes.