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2019CT######2 – Hendry County

The Facts

Case #: 2019CT######2 – Hendry County

Charges

The Results

The Client was stopped for not having his lights on while driving.  After he was stopped the Officer noticed the smell of alcohol and that the Client seemed impaired.  The Officer had the Client submit to sobriety exercises, which the Officer claimed the Client did poorly on, however there was no video relating to the same.  In addition, once arrested, the Client was alleged to have refused to give a breath sample.  The Firm was retained to handle the case and discovered that there wasn’t enough evidence to prove the Client refused to provide a breath sample and was able to get the refusal removed from his driving record.  The Firm then requested the videos in the case.  The only video provided to the Firm was a video of a room with a toilet for three hours.  The Firm contacted the police station and asked if they had any other videos showing the actual refusal of the breath sample.  The Police department informed the Firm that the video might have been deleted.  The Firm then filed a motion to dismiss the case based upon a spoliation of evidence issue.  Before the motion could be argued the State agreed to dismiss the DUI.