09-1XX20XX10A NO CONVICTION AS CHARGED

The Defendant was driving westbound on Sunrise Boulevard approaching Federal Highway in Fort Lauderdale. The Defendant then drove over a concrete median separating Westbound Sunrise Boulevard and Northbound Federal Highway causing crippling damage to his vehicle. Officer Troiano of the Fort Lauderdale Police Department was the first on scene a saw the Defendant outside of his vehicle. He noticed the Defendant to have the strong odor of an alcoholic beverage; bloodshot eyes; flushed face; slurred speech; and that the Defendant was extremely unsteady on his feet. Officer Troiano requested the assistance of Deputy Faccini of the DUI Task Force. Deputy Faccini made contact with the Defendant and also noticed that strong odor of an alcoholic beverage; bloodshot eyes; flushed face; slurred speech; and that the Defendant was extremely unsteady on his feet. Deputy Faccini administered roadside sobriety exercises on video that reflected the Defendant to be extremely impaired. The Defendant could not come close to completing one roadside exercise without almost falling over. The Defendant was arrested for DUI and was asked to submit to a breath test. The Defendant responded to the request for a breath test by stating “I know I am going to blow over”. The Defendant sat down to give the breath test with two valid samples and blew a .212 g/210L on the first and began to avoid giving a second sample by blowing improperly into the machine on purpose. The Deputy took the Defendant’s action as a refusal to comply with Florida Law. All DUI charges were dropped by the State of Florida.