On March 22, 2010 at approximately 0233 hours, a Temple Terrace Police officer observed a black BMW stopped at a stop sign. He also observed the Defendant slumped behind the wheel. Concerned that the driver was dui or having a medical issue, the officer conducted a welfare check. Upon his approach the officer noticed the vehicle was running. The officer was able to wake the Defendant up. The Defendant had slurred speech and his eyes were bloodshot. This initial interaction was videotaped. On the video, the officer is heard to say to another officer, “I don’t smell any alcohol on him.” The second officer then interacted with the Defendant and he also remarked on video that he did not smell any alcohol. One of the officers tells the other that “maybe he is on something else, let’s find out.” The officers had the Defendant perform field sobriety exercises, which he did poorly. The Defendant was arrested for DUI. The Defendant refused to submit to a breath test. The firm filed a motion to suppress the evidence based on an illegal detention of the Defendant. Based on the motion, the prosecutor dropped the DUI charge.
DUI & Criminal Division
