The Defendant was found passed out next to his motorcycle which appeared to have been in an accident. The Police arrived and smelled an odor of alcohol. They subsequently began a DUI investigation. The Defendant was placed under arrest and taken back to the police station where he provided a breath test. The breath test was a .257 over three times the legal limit. Darren Finebloom filed a motion to suppress based on the unlawful arrest and that in fact no crash had occurred. The State fought the motion however the Judge agreed with Darren Finebloom and suppressed all evidence in the case. At this point the State had little choice but to dismiss the entire case.