Case #: 20XXXXT02XXX2AXX NO CONVICTION AS CHARGED
The Defendant was observed by a Palm Beach Gardens officer possibly urinating near a closed business outside of his car. The Defendant then got into his vehicle and drove the wrong way down Keating Drive. The Defendant then drove southbound on South State Road 809 at an unlawful speed excess of 80 miles per hour in a posted 45 mile per hour zone. The officer turned his lights and sirens on and the Defendant failed to stop reasonably and continued driving nearly 2 miles. The defendant was observed to have bloodshot/glassy eyes and an odor of alcohol coming from his breath. He swayed while standing and was extremely talkative and repeated statements constantly. He said he had a couple of drinks at a friend’s house. He agreed to perform roadsides and performed poorly without being able to say the alphabet correctly. The Defendant was then taken to the jail where he was asked to submit to a breath test. The Defendant can be heard on video speaking with a slight slur in his speech and being somewhat argumentative with the officer and breath technician. After not being satisfied with the calibration of the breathalyzer, the officer “called it a refusal”. The Firm had numerous discussions with the State Attorney regarding the admissibility of the refusal and the fact that there was no roadside video. Additionally, the Defendant did not look nor sound the way the officer described him on scene. The State Attorney agreed to dismiss the charges for Driving Under the Influence.