The following account is transcribed from the incident reports of the Upper Dublin Police. Arrests, where mentioned, do not indicate a conviction.
On Sunday, Sept. 30, at approximately 12:47 a.m., an officer was driving west on Highland Ave. in the area of Stevens Drive when the officer came up behind a silver BMW M3 traveling in the same direction. A Pennsylvania Department of Transportation Bureau of Motor Vehicles search showed that the registration for his vehicle had expired in July 2012.
The officer pulled the car over on Highland Ave. near Pinetown Road. When the officer approached the vehicle, the driver, identified as Michael Szot, of the 2800 block of Rossiter Ave. in Abington, put down the window. At this time, the officer could immediately smell the odor of alcoholic beverages coming from inside the vehicle. The officer asked Szot how much he had to drink to which he replied that he had a couple of beers. The officer gathered Szot's information and explained the reason for the stop and returned to the patrol car to check the status of Szot's driver's license.
The officer then went back to the BMW and asked Szot to step to the rear of his vehicle. Upon doing this, the officer started to ask him about his night. Szot stated that he was at a comedy show at the Broad Axe Tavern and then a bar in Ambler. While Szot was talking to the officer, the officer could smell the odor of alcoholic beverages coming from Sot's breath. He also had glassy, blood shot eyes as well as slurred and deliberate speech.
The officer asked Szot to submit to field tests. The first test he performed was the one leg stand. The officer explained and demonstrated and Szot assured he understood and began. Szot raised his left leg off the ground and within the first second, put it back onto the ground. He then lifted it again and continued counting. During the rest of the test, he continuously raised his arms, swayed and leaned from side to side to keep his balance.
The next test the officer had Szot perform was the nine step walk and turn. The officer instructed Szot to stand with his left foot in front of his right foot and his hands at his side while the officer explained and demonstrated. He said he understood, however, failed to stand as instructed and the officer had to instruct him to stand like that again before he stood in the proper fashion. The officer then continued to explain and demonstrate the test and Szot assured that he understood, as which point the officer asked him to proceed.
During the first nine steps, Szot walked in a zig-zag fashion rather than a straight line. He took ten steps forward prior to performing the pivot. For the second one steps, Szot again walked in a zig-zag pattern rather than a straight line. During the entire test, he failed to count aloud as instructed.
The officer administered a PBT, which yield a result of .126%. Szot was placed under arrest for driving under the influence at 12:58 a.m., handcuffed behind his back, searched, and placed in the back of the officer's patrol vehicle.
Szot was transported to the Upper Moreland Police Department for a breath test. The officer started a 20 minute observation period at 1:16 a.m. At the conclusion of the observation period, two samples were taken of Szot's breath by Upper Moreland Police, yielding a result of .132% blood alcohol concentration.
The officer transported Szot back to the Upper Dublin Police Department where he was released to his girlfriend.