PORTSMOUTH — Jaimil Choudhry was arrested for driving while intoxicated after taking field sobriety tests, which should not have been administered to him because he is obese, said Hampton attorney Andrew Cotrupi. Police allege Choudhry, who is 5 foot 10 inches tall and 230 pounds, was driving a 1997 Honda on Commerce Way while impaired by his consumption of alcoholic beverages. Choudhry refused to submit to a Breathalyzer test and was arrested because of his performance during field sobriety tests, which police characterized as “failing,” Cotrupi said. But, some of the tests, including one requiring people to step toe-to-toe, then turn, should not be given to obese people and city police officers are trained to know that, he said. “There are other tests that you give overweight people,” Cotrupi said. “They’re giving tests that they’re trained not to give to overweight people. Everyone gets a cookie cutter approach.” And don’t call his client “fat,” he said. “No one likes to be called that,” Cotrupi said. “The medical term for someone 50 pounds or more overweight is obese.” Police prosecutor Lt. Corey MacDonald said he wasn’t familiar with specifics of the case, but confirmed that city police officers are trained to consider weight when administering roadside sobriety tests.Basing a defense on someone’s height and weight is “a bit of a stretch,” he said.”Plenty of people who are 5-feet-10 and weigh 230 pounds are in phenomenal shape,” MacDonald said.

Oh boo hoo somebody called the obese guy fat.  Seriously this lawyer has some fucking balls huh? Dude you’re the one using the “obese defense” to try and throw out a field sobriety test!  So spare me the sob story when people start calling your client a fat lard. You can’t have your cake and eat it too. Or maybe in this guy’s case he can. (Badaboom) And what’s up with the cop? There are plenty of 5″10 230 pound people who are in phenomenal shape? Really? Show me one. Honestly just cut your losses and admit you shouldn’t have given the fat kid the test.