According to a recent Court of Appeal decision, a lawyer who was pulled over for talking on her cellphone, “exhibited some of the classic, objective symptoms of intoxication, including having red, bloodshot, and watery eyes, and having a strong odor of an alcoholic beverage on her breath,”. The Court added that: “[lawyer’s] crying, her initial refusal to get out of her vehicle, her complete refusal to answer field sobriety questions or to perform field sobriety tests, and her repeated requests to be let off with a citation, were additional factors a reasonable officer could properly consider when determining whether there was probable cause to believe [she] drove while under the influence of alcohol.”
