Chad was involved in a minor vehicle collision where he rear-ended another vehicle at a stop light.
He was arrested and charged with driving under the influence of drugs. He refused to submit to chemical testing, and thus, his license was set to be suspended for one year.
We filed a petition to rescind Chad’s suspension.
At trial, the officer testified that Chad’s speech was slow and his pupils where dilated. The officer testified that Chad admitted to taking a prescribed medication and had the pill bottle in his car. The officer testified that Chad was acting very slow and tired. The officer further testified that Chad failed field sobriety tests.
The officer was asked to state his opinion regarding whether Chad was under the influence of Drugs. We objected to that question citing the officer’s lack of training in determining whether a person was under the influence of alprazolam. The judge sustained the objection and did not allow the officer to testify whether he believed Chad was under the influence of drugs.
Accordingly, Chad’s driving privileges were restored and he was found not guilty.