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The Facts



The Results

The defendant struck another vehicle from behind which was stopped at a red light. The driver of the first car testified that the defendant got out of the car and said “It’s my fault, I’m wrong.” The defendant also stumbled out of his vehicle and lost his balance as he got out of the car. The defendant also said that he was “getting a limo from now on.\" The State of Florida introduced a 911 tape where the victim stated \"I just was in an accident and I think the guy is drunk and trying to leave.\" The officer arrived on scene and said he could smell an odor of alcohol on the defendant and his speech was slow and sluggish. The defendant could not put his feet together on the one leg stand, did not walk heel to toe, did not count out loud and lost his balance numerous times. He took fifteen steps instead of the requested nine. During the one leg stand, the defendant began the task too soon, lost his balance and had to be caught by another officer on scene so that he would not fall to the ground. The defendant tried the task again but lost his balance and refused to finish the task. During the Finger to nose, the defendant would not keep his feet together and left his left eye open. He also raised the wrong hand when instructed. During the Alphabet task, the defendant did not recite it correctly and kept his left eye open instead of closing them as instructed. After being arrested for driving under the influence the defendant refused a breath test. The jury deliberated for less than fifteen minutes. VERDICT: Not Guilty