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20XXT00XXX617AXX NO CONVICTION AS CHARGED

The Facts

Case #: 20XXT00XXX617AXX NO CONVICTION AS CHARGED

Charges

The Results

Facts: The Defendant was driving through a Burger King drive through when he fell asleep at the wheel. The manager of the Burger King called 911 and the Defendant woke up and ordered food and then continually drove around and around the drive through numerous times. The manager of the Burger King told dispatch that the driver was drunk and kept driving through and ordering food. An officer responded from the Palm Beach County Sheriff’s Office and the manager pointed to the Defendant’s truck parked in the parking lot. The Officer drove up behind the Defendant and turned on his emergency lights. He made contact with the Defendant who was eating a burger. He immediately turned off the truck and the officer noticed watery eyes and an odor of alcohol. He fumbled for his wallet and said he had not been drinking. He then said in a slurred speech, “I was eating a fu*@#ng burger, get out of here and leave me alone!”. He then said he had one beer and don’t have a DUI unit come. A DUI task force officer arrived on scene and conducted a DUI investigation. The DUI officer noticed that the Defendant was agitated with his presence on scene. When out of the vehicle, he was swaying back and forth. He then told the DUI officer he had just come from his house where he had 2 or 3 Budweiser beers. Then he told the Officer he had been at a Bar for an hour. He begged the Officer to just have someone come pick him up and alleged that the Officer was “ruining his life and making his family homeless.” The Defendant performed very poorly on the videotaped roadside exercises to the point that he just gave up on trying to say the alphabet because he just couldn’t get it right numerous times. He was arrested for DUI and taken the Breath Center where he gave two samples of his breath which were a .173 and .171. He was more than two time the legal limit. The Firm took the depositions of the stopping officer as well as the arresting DUI officer regarding the issues surrounding the stop. After filing a Motion to Suppress arguing that the Defendant was stopped without any legal justification under the Fourth Amendment, the State dropped the DUI on the day of the Motion hearing