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The Facts



The Results

The Defendant was observed by a member of the Broward Sheriff’s Office DUI Task Force making a left turn at 3:28 a.m. from Sunrise Boulevard onto Northbound Federal Highway. When the Defendant made that turn he left his lane of travel to the right and then veered to the left coming within an inch of putting the driver’s side tires on the curb. The Deputy continued to follow the Defendant and noticed the Defendant repeatedly weaving within his lane, leaving his lane on more than 3 occasions, and changing speeds from 40-55 mph in a 45 mph zone. The Deputy initiated a traffic stop and noticed the Defendant to have the odor of an alcoholic beverage on his breath; bloodshot and glassy eyes and a flushed face, all indicators of alcohol impairment. The Defendant also admitted to consuming alcohol at the Hard Rock Hotel and Casino prior to driving. The Defendant was asked to do roadside sobriety exercises, to which he agreed. The Defendant lost his balance on the walk and turn, used his arms for balance, repeatedly missed heel to toe, turned improperly and took 11 instead of 9 steps as instructed. The Defendant also performed poorly on the finger to nose exercise as he failed to keep his eyes closed, missed his nose on every attempt, used the wrong form, and stepped out of the instructional stance. The Defendant was arrested for DUI and he refused to submit to the breath test. The Defendant was found not guilty after a jury trial. The driving pattern and the roadside exercises were all captured on the Deputy's in car video camera.