Ledbetter arrived at the scene to find defendant asleep in his truck. The trooper smelled an "overwhelming odor" of alcohol emanating from the truck's interior. He saw an open can of beer sitting in the center console, several unopened beer cans on the passenger-side floorboard, and a marijuana pipe on the passenger-side seat. Defendant was disoriented, unsteady, and unable to safely perform field sobriety tests. Defendant made a number of incriminating statements, including an admission that he had started drinking at home before driving.
He consented to a breath test, and it indicated that his blood-alcohol content was 0.24 percent. Defendant was charged with DUII and reckless driving.
The witness testified that defendant told her that he had been out "partying" and that his truck had run out of gas.
She testified that defendant had offered her 20 dollars in cash to get gas for him. She declined and dialed 9-1-1.ĭefendant's statements were recorded and submitted as evidence at trial.
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