People v. Bianca

Defendant was charged with 2 counts of DUI. Court properly granted Defendant's motion to suppress evidence. Evidence shows that Defendant's acceding to officer's direction to exit the car and perform field sobriety tests was not consensual. At the point where Defendant submitted to the direction to exist car to perform field sobriety tests, there was a seizure unsupported by a reasonable, articulabel suspicion.(BIRKETT and SPENCE, concurring.)