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The Facts



The Results

The defendant was driving her truck in Boca Raton when she flipped her car, hitting a mailbox and rolling it into a person’s yard. The owner of the home next to where the accident occurred came outside and saw the defendant in the vehicle pounding on the windshield. Fire Rescue arrived and the defendant told them that she was driving and made a turn and lost control of her vehicle. The officer met with the defendant at the hospital where he noticed that her speech was slurred and her eyes were glassy. The officer asked the defendant if she would consent to a blood test and she agreed. The results indicated that she had Diazepam, Nordiazepam, Oxazepam, Temazepam, Carisoprodol, Meprobamate and Oxycodone in her blood. The Firm took the deposition of the Fire Rescue personnel who treated the defendant on the scene and on the way to the hospital. The medic’s story conflicted with the officer’s story who requested the blood from the defendant. The Firm filed a motion to suppress the blood results arguing that the officer did not have probable cause that the defendant was under the influence and therefore had no right to request it. The Firm listed the medic as a witness for the defense and he was prepared to testify at the motion to suppress. On the day of the motion, the State of Florida dropped the DUI charge.> 1