The Defendant was stopped for running a red light. Once the Defendant was stopped, he attempted to exit the vehicle without it being in park. He was ordered to get back in his car when he attempted to exit his vehicle another 3 times after already being ordered to get back in his vehicle. The officer approached the Defendant and he was chewing an unknown substance excessively. When asked for his license and registration, he fumbled through his wallet and glove compartment for over a minute when his license was right in the front of the wallet in plain view. A DUI unit was called and the Defendant was asked to exit the vehicle where he had to hold onto it for support. The Officer smelled an odor of alcohol coming from the Defendant’s breath, his eyes were bloodshot, glassy and watery and his speech was slightly slurred. During the Walk and Turn, the Defendant fell out of the starting position and turned improperly. He did not count out loud as instructed and turned improperly stumbling a bit to the side. He then stepped off the line 2 more times on the way back not counting out loud. During the One Leg Stand, the Defendant hopped when he first picked his foot up and then stumbled backwards. He then put his foot down after 12 seconds and had to be reminded to continue where he mixed up the count at 15 one thousand and instead said 18 one thousand. During the Finger to Nose Exercise, the defendant was swaying back and forth and when the Officer called the right hand twice, the Defendant used his left hand instead of the called right. He also kept opening his eyes contrary to the instructions to keep them closed. When asked to recite the Alphabet from A to Z, the Defendant slurred his speech, said it very quickly and said T, R, X, T, W, X, Y, Z. The Defendant admitted on scene that he had drank a couple of beers and had taken codeine for a cold. After he was placed under arrest, he was taken to the Breath Alcohol Testing Facility where he refused to give a sample of his breath after being told his license would be suspended for 12 months for the refusal. He admitted, post Miranda, to drinking 2 – 16 ounce cans of beer 45 minutes before he drove, admitted to taking the codeine just prior to drinking the beers, and admitted that he “could feel the effects of the alcohol”. The State of Florida called an expert forensic toxicologist to testify that he reviewed the arresting officer’s reports and the videos and in his opinion, the actions of the defendant were consistent with someone impaired by the additive effects of codeine and alcohol. The Firm challenged numerous inconsistencies in the Officer’s Testimony and discredited the State’s Expert Witness through cross-examination. After a 2 day jury trial, the jury returned a verdict of Not Guilty of Driving Under The Influence.
DUI & Criminal Division
