Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

State v. Encinas

The trial court did not err in finding that the officer lacked probable cause to arrest defendant for DUI, even though defendant refused testing, since his speech was normal, he was steady on his feet and he appeared normal on videotape.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The State appeals from the trial court’s grant of Senen James Encinas, Jr.’s motion in limine to exclude evidence that he refused to take a state-administered chemical test. In granting the motion, the trial court found that there was not probable cause to arrest Encinas for DUI. For the reasons that follow, we affirm. At the hearing on the motion in limine, the arresting officer testified that he stopped Encinas for going 70 miles per hour in a 55 mile per hour zone. The officer testified that he also noticed that Encinas was “riding against the fog line” but acknowledged that he did not cross over or onto it. When the officer approached the driver’s side of the car, he noted that Encinas had bloodshot, glassy eyes and also noted the odor of alcohol coming from inside the car. The officer asked Encinas how much he had drunk and Encinas replied that he had not been drinking. Encinas said that he had just dropped someone off who had been drinking and that was why the car smelled of alcohol.

The officer asked Encinas to perform some field sobriety tests and when Encinas got out of the car the officer could smell alcohol on his breath. The officer first had Encinas take the Horizontal Gaze Nystagmus test. According to the officer, there was a lack of “smooth pursuit” and a “distinct and sustained nystagmus at maximum deviation in both eyes.” Encinas refused to perform any more tests and the officer arrested him for DUI. After his arrest, Encinas also refused to take the Intoxilyzer 5000 breath test.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
MID-SENIOR LEVEL EMPLOYMENT ASSOCIATE OR PARTNER WANTED FOR BOUTIQUE FIRM OPPORTUNITY TO INHERIT AND GROW PRACTICE (Atlanta, GA)

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
(EXCLUSIVE FULLY REMOTE) INSURANCE COVERAGE ASSOCIATE OR COUNSEL WANTED FOR MULTI-STATE BOUTIQUE LAW FIRM (Florida)

Our client, a multi-state full-service boutique, is seeking to add an insurance coverage associate or counsel to work closely with one of th...


Apply Now ›
(EXCLUSIVE) IN-HOUSE GENERALIST ATTORNEY WANTED FOR PRIVATELY OWNED CONSTRUCTION SERVICES FIRM (Atlanta, GA)

Our client, an Atlanta-based and family-owned commercial construction services firm, has engaged us to identify an in-house attorney for the...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements