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.

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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.

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.

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