My client ran into a concrete barrier on I-75 went going home after watching a game at a bar. He admitted drinking. Arresting officer that him that "you have to voluntarily submit to field sobriety evaluations." By using the words "have to" in his statement the officer improperly made the FSTs mandatory instead of voluntary resulting in the exclusion of the FSTs evidence from evidence. State agreed to amended the charge from DUI to reckless driving.
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