On August 3, 2008, the Defendant was seen pulling into a commercial warehouse area by an Officer of the Davie Police Department who was patrolling that area. The Officer witnessed the Defendant’s vehicle pull into a parking spot and shut its lights off. The Officer pulled her marked patrol vehicle and parked it behind the Defendant’s vehicle preventing it from moving. The officer approached the vehicle and noticed the Defendant appeared to have her head lying upon the steering wheel of her vehicle. The defendant was asked to exit her vehicle and the officer noticed an odor of an alcoholic beverage coming from the Defendant; red and watery eyes, and was unsteady on her feet. The Defendant also admitted that “she pulled off the road because she had too much to drink”. The Defendant was asked to perform roadside exercises and performed poorly. The Defendant was arrested for DUI and submitted to a breath test that resulted in readings of .127/.129 g/210L, approximately 50% over the legal limit of .08. The firm filed a Motion to Suppress based upon the unlawful seizure of the Defendant initiated by the Officer “blocking in” the Defendant’s vehicle with her patrol unit. The motion was granted and the State dropped all charges.
DUI & Criminal Division
