Defendant fell asleep at a traffic light with his car in drive and his foot on the brake. At trial, police officers disagreed whether an odor of alcohol was present. Client was arrested after failing sobriety test and provided a specimen of breath with result of .153. At trial, initial officer reluctantly, conceded that client’s behavior was normal for a person who had just been awakened. In retrospect, the officer agreed that he observed nothing to indicate a loss of mental or physical faculties. The Judge granted Segura’s motion for Instructed Verdict as there were insufficient facts to justify a DWI investigation.