A Village of Santo Domingo resident who demanded a lawyer during a drunk driving investigation beat a felony charge in court.
Michael Pollotta, 65, who lives at 2004 Cipriano Place, was driving a silver Nissan in an erratic manner at about 10:30 a.m. July 4 near Leesburg High School when another motorist contacted law enforcement, according to an arrest report from the Leesburg Police Department. A police officer began following Pollotta’s vehicle and initiated a traffic stop at the Lakeside Pointe Apartments. The officer noted that Pollotta had “glassy” eyes and constricted pupils.
Pollotta struggled through field sobriety exercises and provided breath samples that registered .000 blood alcohol content. The officer suspected drug use and asked Pollotta for a urine sample. He refused.
“This is BS. I want a lawyer,” Pollotta told the officer.
Pollotta, who has previous DUI convictions, was arrested on a felony charge of driving under the influence. He had also faced a charge of refusal to submit to testing.
Earlier this month in Lake County Court, the prosecutor’s office opted to drop the case because the evidence is “legally insufficient.” Pollotta’s attorney, Benjamin Boylston, had pointed out that his client had submitted a breath test, even though he refused to provide a urine specimen. Boylston had also argued that video of field sobriety exercises performed by his client was inconclusive.