Case #: 20XXXT0XXX45AXX NO CONVICTION AS CHARGED
The Defendant left the Key Lime House at about 11:45 p.m. on November 9th, 2009 when the officer witnessed him throw a cup of beer in the parking lot. The officer requested that the defendant pick up the cup and throw it out. The Defendant was mumbling and almost fell over. The officer asked if someone was picking him up and he said he had a friend coming. The officer then followed the defendant to his car where she saw him jump in and proceed to drive. She attempted to open the door and flash her flashlight at him and told him to stop. He then hit the gas and accelerated a high rate of speed onto Ocean Blvd. The Officer then called dispatch and advised the tag number of the vehicle through a BOLO. Another officer in the area then saw the defendant’s vehicle which almost struck his vehicle. The officer had to break to avoid a collision. This officer contacted the Officer from the Key Lime House and she arrived on scene to conduct a DUI investigation. During the walk and turn, the defendant had to be instructed 3 times how to perform the task and never touched heel to toe. He did not count his steps out loud and was stumbling on the video. The Defendant could not complete the one leg stand after numerous attempts to explain it. During the finger to nose task, the defendant kept lifting his foot and legs as if he was instructed to walk even though he was never told to do that. The Defendant was not able to get past the letter G on the alphabet task and had to terminate that task. He was arrested for DUI and taken to the Breath Facility where he refused a breath test. The Firm spoke to the State about the possible problems with the case, including the fact that there was no audio on the roadside tape and the breath testing video did not depict a person who was impaired as the Officer explained in her reports. Result: The State agreed on the day of trial to drop the DUI charge.
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