The defendant was pulled over by a Broward Sheriff’s deputy for driving with an inoperable headlight and swerving into another lane. The deputy noticed that the defendant had an odor of an alcoholic beverage on her breath and that her eyes were red. The defendant also admitted that she had one drink that evening. The defendant performed poorly on roadside sobriety exercises and performed poorly. The defendant submitted to a breath test that registered .099/.099, well over the legal limit. The Firm filed a Motion to Suppress the Detention of the Defendant based on the Deputy’s failure to make observations of the Defendant that were indicative of the Crime of DUI. The Firm’s motion was granted and all evidence subsequent to the stop was excluded from trial. The State appealed the Judge’s Ruling on the Motion to Suppress and our Firm fought the appeal. Based on our appellate arguments, the trial court’s ruling was affirmed and the State was forced to drop all charges against the Defendant.
DUI & Criminal Division
