People v. Day

(Court opinion corrected 12/14/16.) Defendant was charged with DUI. Court properly granted Defendant's petition to rescind statutory summary suspension (SSS). Officer administered field sobriety tests in improper fashion by asking Defendant to perform them on a wet surface while it was raining, so that probative weight to be given those tests is significantly impaired. Despite weather conditions, Defendant's performance on tests was reasonable, which would not lead a reasonably cautious person to believe Defendant was impaired by alcohol. The fact that Defendant had bloodshot and glassy eyes, without being confirmed by some other factor, does not rise to level of probable cause. (O'BRIEN and CARTER, concurring.)