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CXXT-XX63XXXXX NO CONVICTION AS CHARGED

The Facts

Case #: CXXT-XX63XXXXX NO CONVICTION AS CHARGED

Charges

The Results

On Tuesday, October 16, 2012 at approximately 2248 hours, a DUI officer was called to the area of MacDill Ave and W. Azeele St. in reference to a possibly impaired driver. A stop had been initiated by the DUI supervising sergeant for speeding. During the course of the traffic stop, the Sergeant noticed several cues of impairment and he requested a DUI investigator to further the investigation. Upon making contact with the driver, the DUI officer noticed she had an abnormal lack of alertness and appeared to be intoxicated. She deeply stared at the officer and her eyes were bloodshot, watery and glassy. In speaking with her, the officer could note a distinct odor of an alcoholic beverage coming from her breath and her speech was slurred. She admitted to consuming 3 beers. The Defendant exited the vehicle sluggishly after agreeing to perform field sobriety exercises. She was unsteady on her feet and held onto the door to keep her balance. She displayed multiple clues of impairment when the officer checked her eyes. When the officer began to give the instructions for the walk and turn exercise, the Defendant indicated that she had anxiety problems and stated she was having an anxiety attack, though she did not exhibit any of the typical signs of an anxiety attack such as rapid breathing. When asked if she was diagnosed with anxiety or taking medication for it, she stated no. She then stated she was having an asthma attack, which she stated she did take medication for. The officer felt it was clearly apparent that she was trying to stall or evade the sobriety exercises. The officer then placed her under arrest for DUI. Once at the jail, the officer had the nurses on duty check on the Defendant for any type of distress. The nurses determined she did not require any type of medical attention, so the Defendant was requested to perform a breath test. The Defendant refused to submit to a breath test and was booked for DUI. Result: The case was set for trial and at the last call pretrial date, the State dropped the DUI charge.



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