On September 5, 2015, a Tampa police Officer observed a silver Ford Mustang run the stop sign at 6th Ave E/15th St N. in Ybor City. The Officer activated his lights and the vehicle continued to drive passing open spaces to pull over and park. While the Defendant stopped for the red light at 8th Ave the Officer approached the driver’s side window on foot and told the Defendant to pull over.
After the Defendant pulled over, the Officer approached the vehicle again. The Defendant admitted to running the stop sign because he was following the car in front of him. The Officer noticed a strong odor of cologne coming from the vehicle. The Defendant’s eyes were red and glassy. The Defendant also had a paper club bracelet on his right wrist. The Officer then asked the Defendant to exit the vehicle. The Officer had the Defendant complete the field sobriety exercises, which he did poorly. The Defendant was then arrested for DUI and transported to Central Breath Testing where he submitted to the breath test. The Defendant’s results were .121 and .119.
Results: The firm filed a motion to suppress the stop based on illegal detention. On the day the motion was set to be heard, the State dropped the DUI charge.