This is why a judge threw out evidence in Tiffany Haddish’s DUI case

FAYETTEVILLE, Ga. – A Fayette County judge on Wednesday tossed out eye test results and post-arrest statements in the DUI case against actress Tiffany Haddish, ruling that police made missteps during the 2022 traffic stop. 

Fayette County State Court Judge Jason B. Thompson issued the order following an amended motion to suppress filed by the defense. 

Fayette County traffic stop

What we know:

The case stems from an early morning incident on Jan. 14, 2022, around 2:30 a.m. A 911 caller reported that a driver in a white SUV with a Florida tag was asleep at the wheel at Highway 54 and Highway 74. Another driver stopped next to Sgt. Phillips of the Peachtree City Police Department to report the exact same vehicle. 

Sgt. Phillips broadcasted a lookout tip, and Officer Kirby spotted the matching SUV moving slowly on Willow Road. Officer Kirby turned around and followed the vehicle to a driveway at 114 Pebblestump Point, where Sgt. Phillips arrived shortly after. Haddish was standing next to the vehicle and told officers she was tired, admitting she had been at the intersection when someone knocked on her window. 

Police sobriety testing

The backstory:

Sgt. Phillips, who is certified in field sobriety tests, noticed the smell of marijuana on Haddish’s jacket and alcohol on her breath. He conducted three evaluations: an eye check known as a horizontal gaze nystagmus test, a walk-and-turn test, and a one-leg-stand test. The officer noted multiple clues of impairment across all three tests. 

Haddish was placed under arrest and moved to a police vehicle after agreeing to a blood sample test. She asked multiple times on the way to the police station if she could “blow now,” but she did not request a breath test once she arrived at the jail. 

Irregularities suppress evidence

Dig deeper:

Judge Thompson ruled that the results of the eye test cannot be used as evidence at trial. During the test, Haddish informed the officer that she had a lazy eye, but the officer kept testing without asking how it impacted her. The judge noted the officer did not perform the test smoothly, stopped at certain points, and failed to tell Haddish to keep her head still. 

Furthermore, statements Haddish made inside the police car about smoking weed were suppressed. The officer told her, “We need to address something. I smell marijuana” without reading her Miranda rights first. The court ruled this statement was an interrogation tactic likely to force an incriminating answer from a person in custody. 

Admissible trial details

By the numbers:

While the eye test was tossed, the judge ruled that the officer substantially followed his training on the other physical tests. Prosecutors can still use the walk-and-turn test, where the officer noted four clues, and the one-leg-stand test, where he noted two clues. The judge concluded that the total weight of the remaining facts gave police probable cause for the arrest. 

Legal defense claims

What’s next:

Haddish is expected in court on June 6.