Case #: 20XXX00XX295AXX NO CONVICTION AS CHARGED
Facts: The Defendant was parked behind closed businesses late at night around 1 a.m. When the officer noticed the vehicle, he drove towards him and the Defendant immediately pulled out of the area and left the scene. The tint on the windows was too dark for the officer to see in the car. A DUI officer was called to the scene due to the defendant smelling of alcohol and showing other signs of impairment. The Defendant was standing against his pickup truck when the DUI officer arrived and his eyes were bloodshot and glassy and his eyes were droopy. His speech was slurred and he had a difficult time focusing. He stated he was coming from the bar and had 5 beers. He told the Officer that his speech is normally not slurred. The Defendant said he had been through this “shit before” and refused to do any roadside exercises. He was arrested for Driving Under the Influence and taken to the West Palm Beach Police Department where he was asked to submit to a lawful sample of his breath to determine the alcohol content. The Defendant refused to give a breath sample. When asked whether he could feel the effects of the alcohol on video, the defendant said “Yes”. He also changed his story and said he had not been drinking at all. The Firm took depositions of the first officer who stopped the Defendant as well as the arresting officer. The State had initially offered a plea involving four months in jail. After filing a motion to suppress arguing that the Defendant was stopped without any reasonable suspicion of criminal activity and providing the State Attorney with copies of the depositions, the State of Florida dropped all charges against him.
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