The Police responded to a 3 car crash on State Road 84. When they arrived, the Defendant was wandering down the road on his phone walking into oncoming traffic. The police officer yelled at him to get out of traffic, but the Defendant just looked at him. The officer had to physically escort the Defendant back to the accident scene. The officer noticed that the Defendant’s eyes were bloodshot and glassy. He could also smell alcohol on his breath. The officer asked the Defendant to perform roadside exercises. The Defendant complied, and according to the officer performed poorly on all of them. The Defendant was asked to submit to a breath test, which he refused. The Defendant was charged with DUI Property Damage, which was also enhanced because he had his 13 year old daughter in the vehicle. The Firm filed a motion to exclude certain statements the Defendant had made to police. This motion was granted. The State indicated they would still go forward. The Firm announced ready for trial. On the day of trial, the State dropped the DUI charge.
DUI & Criminal Division
