The defendant was stopped for doing 32 mph in a 20 mph zone in downtown Jupiter. The officer noticed the defendant had bloodshot, glassy eyes and his speech sounded slurred. He also noticed a strong odor of an unknown alcoholic beverage coming from his breath as he spoke. The defendant stated he was coming from Jumby Bay Bar and that he drank 4 or 5 beers. The defendant was moved across the street, questioned and then submitted to field sobriety exercises. During the questioning, he spoke with a slur and the officer asked “do you normally talk with a slur?” The defendant stated “no I don’t.” During the walk and turn, the defendant was told to count to nine on the first steps and he counted “1,2,3” “1,2,3” “1,2,3”, instead of the way he was instructed. On the turn, the video showed the defendant take a stumble backwards almost falling back. During the one leg stand, the defendant counted to 15 one thousand and said “five one thousand”. The defendant was arrested and taken to the breath alcohol testing facility where he refused to give a breath sample when it was requested of him. When asked whether he was drinking he stated he was and that he was at a few different bars. When asked whether he could feel the effects of the alcohol and whether he was under the influence, the defendant paused and then stated: “not particularly”. The firm filed a motion to suppress his statements made to the officer when he moved for the roadsides arguing that he was in custody and was not read his Miranda warnings. The Judge agreed and would not allow the questions and answers into evidence for the trial. On the day of trial, the State of Florida dropped the DUI charge.
DUI & Criminal Division
