A Bradenton man arrested for driving while intoxicated is challenging the roadside test that led to his arrest.
Holmes Beach Police Officer Alexander Hurt arrested Fortunato Salvietti, 54, March 18 in the 4100 block of Gulf Drive.
Colleen Glenn, Salvietti’s attorney, filed a motion in March to exclude evidence gathered when Hurt examined Salvietti’s eyes for signs of impairment.
In the one-page motion, Glenn argued the relevance of eye test “is outweighed by the danger of prejudice, confusion of the issues and misleading the jury” unless standards for scientific evidence are met, “including but not limited to the qualifications of the police officer administering the roadside test.”
Glenn’s motion also stated references to “pass” or “fail” must be excluded at trial to avoid the danger of prejudice.
At 1:30 a.m., Hurt was on routine patrol when he was called to assist another Holmes Beach police officer who stopped Salvietti for a traffic violation.
According to an HBPD report, Hurt observed Salvietti outside his SUV, stumbling and swaying. Hurt asked if the man needed assistance.
Salvietti told the officer “no,” but that he had a back problem.
Hurt administered roadside tests, which examined Salvietti’s eyes, gait and balance, the report stated.
Salvietti told the officer he understood the one-leg stand test, but the report indicated he was unable to perform the exercise and Hurt “stopped the exercise for his safety,” according to the HBPD report.
Salvietti was transported to the station, where he provided breath samples measuring 0.178 and 0.175, and then to the Manatee County jail. He posted a $120 bond and was released.
Salvietti pleaded not guilty March 26.
His motion to exclude the evidence of the roadside test is set for 8:30 a.m. Friday, April 26, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.