Case #: 07-2XXX314XXM10A NO CONVICTION AS CHARGED
The Defendant was charged with his second DUI within 5 years of a prior conviction, which is punishable by a mandatory jail sentence and 5 year drivers license revocation. The Defendant was stopped by Deputy Sheriff Sebest of the Broward County Sheriff’s Office for driving with the music being played too loud. Upon making contact with the Defendant, the Deputy observed the odor of an alcoholic beverage, bloodshot eyes and slurred speech. The Deputy then noticed an open container of Gin and BVD Beer in the passenger compartment of the Defendant’s vehicle on the front seat. The Defendant then began to urinate in his pants while speaking to the Deputy and became very aggressive. The Deputy was unable to administer roadside exercises as a result of the Defendant’s aggressive behavior and inability to balance. The Defendant was arrested and submitted to the breath test, which resulted in readings of .161 g/210L and .164 g/210L, over twice the legal limit. The firm filed a Motion to Suppress Unlawful Arrest as the Deputy never saw the Defendant behind the wheel of the vehicle. Prior to the hearing on the Motion to Suppress the State conceded the motion and dropped all DUI charges.