The defendant was driving on Camino Real Boulevard when she flipped her vehicle and crashed into a tree on the median. Police Officers arrived from the Boca Raton Police Department and the defendant was bleeding from cuts on her legs. The defendant was alone in her vehicle. She told the police that a cat jumped out into the road and she swerved to miss the cat. She also stated several times to the medics that she had a glass of wine that evening. She refused to go to the hospital. When the officer spoke to the defendant, he noticed that he could smell a strong odor of alcohol coming from her person, her eyes were bloodshot and glassy, and her speech was slurred. Another officer noticed what appeared to be marijuana in plain view inside the vehicle. It did in fact test positive for marijuana. The defendant was arrested and taken to the Boca Raton Police Department. She was told at the station that the officer was now conducting a DUI investigation and asked the defendant to perform roadside tasks on video camera. The defendant refused the tasks even after being threatened that she would additionally be charged with DUI. Subsequently, the officer requested a sample of the defendant’s breath and the defendant refused as well. The Firm pointed out to the State that the officer did not contemplate the charge of DUI until after he had gotten back to the station and therefore, it didn’t seem as though he had probable cause for the charge. The State agreed and dropped the DUI charge as well as the Marijuana Charge.
DUI & Criminal Division
