Our client was stopped by a police officer for cutting off the officer and making an improper turn at a traffic light. Next, our client allegedly changed lanes, again impeding the officer’s ability to maneuver his car. After being stopped, our client admitted to drinking 5 beers and said that “he shouldn’t be driving”. Initially, our client refused do perform the roadside exercises as he suffered from COPD. The officer explained that he may be subject to arrest and our client asked that if he performed the exercises, “if it could help him”. The officer replied “maybe”. We filed a Motion to Suppress based on this dialogue between our client and te officer. Our research found Florida case law, with similar facts, finding that this dialogue made the exercises forced as opposed to conentual. During the hearing, the officer’s testimony conflicted with his police report. The Judge granted our Motion to Suppress, after hearing all of the evidence. The DUI was then dropped.
DUI & Criminal Division
