DUI & Criminal Division

Facts: The Defendant took over 20 bags of mulch from Home Depot and loaded it in his truck according to a BOLO placed over dispatch. An officer spotted the vehicle driving in the middle of the road loaded with all the described mulch. After being stopped, the Defendant got out of the vehicle and was unsteady on his feat. The officer noticed an odor of alcohol and bloodshot eyes with slurred speech. He was read his rights and asked why he was stopped and he wasn’t sure why. He gave a story about a girl and sexual favors for money. When asked where that girl was, he didn’t know, and then said she was at the bar. According to the officer, the Defendant was obviously intoxicated. He stated he had 4 beers and was on Xanax. The Defendant performed poorly on roadsides and after being questioned regarding the incident at Home Depot, he said that he would be cut out of granmother’s will if he got in any trouble and began to cry. He was asked to submit to a sample of his breath and he refused. Additionally, he then complained of medical problems and was taken to the hospital where all tests appeared to be normal. The Firm filed a motion to suppress due to the fact that the audio of the roadsides had accidentally not been turned on by the arresting officer. The Firm asked the court to exclude all of the roadside exercises as a due process violation had occurred. Additionally, the Firm filed an additional motion to suppress arguing that based upon the performance of the roadsides captured on the video, there was no probable cause for an arrest and charge for DUI. The State of Florida reviewed the motion and dismissed the charges for DUI.