The Defendant was stopped by an Officer from the Seminole Police Department for weaving in and out of traffic and traveling at a high speed as he proceeded toward the Hard Rock Hotel and Casino. Upon making contact with the Defendant, the officer noticed the Defendant to be unable to handle his vehicle documentation; that he had the strong odor of an alcoholic beverage; bloodshot and glassy eyes; and that his speech was slurred and incoherent. When the Defendant exited his vehicle he almost fell to the ground. The Defendant was asked to perform roadside sobriety exercises, but they had to be stopped due to the Defendant’s appearance that he would fall and hurt himself and because he was unable to perform them in a manner to dispel the officer’s belief that he was DUI. The Defendant was then arrested for DUI and refused to submit to the breath test. The firm filed a Motion to Suppress the traffic stop which was granted. The firm was able to prove several inconsistencies within the officer’s testimony concerning what the Defendant did wrong while driving and, ultimately, prove that no traffic violation was committed prior to the stop. The State dropped all charges.
DUI & Criminal Division
