08XXXCTXXX4057 NO CONVICTION AS CHARGED

A Port St. Lucie Police Officer observed the Defendant’s vehicle drifting, straddling and weaving on the roadway. Upon initiating a traffic stop, a DUI enforcement officer was called to the scene to investigate. The DUI enforcement officer noticed a strong odor of an alcoholic beverage emanating from the Defendant’s mouth. When the officer asked the Defendant to exit the vehicle, the Defendant needed to use his vehicle to steady himself. The Defendant admitted to drinking alcohol, however, he could not remember the bar in which he was coming from. The Defendant performed poorly on the field sobriety tasks and provided a breath reading of .102. Defense counsel attended the Department of Motor Vehicle Formal Hearing attempting to retain the Defendant’s driving privileges. At the hearing, Defense Counsel recognized conflicting testimony between the officer who initiated the traffic stop and the DUI enforcement officer. Defense Counsel immediately prepared legal documents challenging the evidence based on the strikingly different testimony of the two officers. After two extensive legal hearings in front a judge, the State agreed to drop the DUI charge.