Case #: 09CTXX954XX9AXX NO CONVICTION AS CHARGED
The defendant was driving north on Jog Road when he made a right turn heading east on Forest Hill Blvd. The officer from Greenacres Police stated that the defendant was driving to the left side of his lane for over 200 feet and not maintaining a single lane. Additionally, the officer testified that he had been following him because of his suspicious driving pattern. The officer pulled the defendant over for his driving pattern and smelled an odor of alcohol coming from the defendant, bloodshot and glassy eyes as well as slurred speech. The defendant was asked to step out of the car to perform roadside sobriety tasks which were all captured on video. The defendant performed poorly on the tasks and was arrested for Driving Under the Influence of Alcohol. He was taken to the Breath Facility where he was asked to submit to a breath test. The Defendant refused to submit after being read implied consent. The Firm filed a motion to suppress the defendant’s identification all evidence that flowed from the stop due to the fact that the officer did not have reasonable suspicion of DUI based upon the videotaped driving pattern. The court heard testimony from the officer, watched the video and then agreed with the Firm and granted the motion. The State dismissed the DUI.