AD, a 55-year-old salesman, was arrested and charged with OUI and Negligent Driving after being stopped by state police on a highway off-ramp. The reason for the stop was the trooper's opinion that he had seen AD's car speed past him a few miles back, as he was writing a ticket to another driver.

The trooper smelled alcohol coming from AD's breath, thought AD's speech was slurred, and thought AD's eyes were glassy. AD's girlfriend was asleep (passed out) in the front passenger seat. AD was asked to get out of the car and perform field sobriety tests, which included the One Leg Stand and the 9-Step Walk and Turn. He agreed to do the tests. He did not perform them to the trooper's satisfaction. The trooper arrested AD for OUI.

AD hired attorney Henry Fasoldt. They went to trial, a jury trial. AD was found not guilty on both counts.