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Judge tosses DUI case, says woman, 59, was too old for sobriety test

AP Photo, file
Judge tosses DUI case because woman was too old for sobriety test
AP Photo, file

(CBS/AP) PULASKI, Pa. - An Ohio woman's DUI charge was tossed out by a Pennsylvania judge who says the driver was too old to perform the field sobriety test she failed after being involved in a collision last year.

The driver was 59.

Lawrence County Common Pleas Judge Dominick Motto last month dismissed the charges against Danniel Weaver of Youngstown.

WTAE-TV reports Weaver had just been involved in a crash in Pulaski Township in February 2010 when she was asked to perform four field sobriety tests. Weaver, then 59, passed three tests but failed one that required her to stand on one leg.

The station reports the National Highway Traffic Safety Administration doesn't recommend the one-leg test for motorists 60 or older.

The judge said Weaver's age, plus having just been in a crash, made the test unreasonable.