The defendant was driving on Hypoluxo Road east of Congress Avenue in Boynton Beach. The vehicle appeared to be traveling at a high rate of speed and was in fact traveling 58 mph in a 45 mph zone. The defendant was not wearing his seat belt. The defendant was stopped and the officer approached the vehicle. The officer smelled an obvious odor of an unknown alcoholic beverage coming from the defendant’s mouth. His eyes were glassed and he seemed dazed. He was fumbling around inside his vehicle looking for his paperwork. He produced an expired registration and then a current one. He said that he was coming from a friend’s where he had half a beer and then threw it up. He then said that he does not drink much and should have been wearing his seat belt. He seemed disoriented and told the officer that he takes Abilify, Lexipro and other cholesterol pills. During the walk and turn, he started too soon, pointed his toe in the air and said he “would count like he was in the military”. When he started, he almost fell down and at the ninth step he forgot what to do. He then did an “about face” instead of turning properly and stood there having to be reminded what to do. During the one leg stand, he placed his leg up as if he were placing it on an object and did not look down at his leg. He got to the 10 count and asked “how’s it go now?” During the finger to nose, he proceeded through the cycles with his arms and hands 14 times without being asked to do anything and swayed during the entire task. The defendant was arrested and gave a breath sample of .021 and .021. The officer then requested a urine which turned showed results of Abilify, Lexapro and Cholesterol medications. The Firm contacted the Palm Beach County Sheriff’s Department Crime Lab to discuss the substances that were allegedly in the defendant’s system. After speaking to the toxicologist, the defense drafted a letter to the case filing division advising them that the substances found in the defendant’s system are not “controlled” under Florida Law and therefore the breath reading and urine results would not be enough to establish a prima facie case of guilt. The State agreed and declined to file charges
DUI & Criminal Division
