The Defendant was driving southbound in the left lane on the Florida turnpike going 40 mph in a 70 mph zone. Other vehicles had to go around her in the passing lane due to her speed. Additionally, she was swerving over the marked solid yellow lane line as well. After being stopped, the officer immediately noticed a strong odor of an unknown alcoholic beverage emanating from the vehicle as she spoke. Her eyes were red, bloodshot, glassy and watery. Her speech was thick and slow and her movements were slow and lethargic. She was asked to perform roadside exercises and consented. During the walk and turn, she swayed side to side. She never walked heel to toe on any steps and at the end she turned around two times. Additionally, she walked backwards down the line instead of forwards. During the one leg stand, she started before being told to, and could not keep her leg up. After performing poorly on the finger to nose exercise as well, the Officer placed her under arrest for DUI. An opened, half full 24 ounce beer can was found in the vehicle after she was arrested. She admitted that she had a beer at home as well. She was transported to the Breath Alcohol Testing Facility where she was observed by the officer for 20 minutes prior to having giving a breath sample. The Defendant gave a breath sample of .081 and .083. The Firm was successful in getting a court order to enter the Breath Testing Facility with a private investigator to take photographs of the holding cell and room in which the observation period was done. The Firm filed a motion to suppress the breath results alleging that the Officer placed the defendant in the locked holding cell for a substantial portion of the 20 minute observation period and therefore the State of Florida did not substantially comply with the Florida Administrative codes prior to requesting a breath sample because the officer (based upon the pictures taken by the Firm’s private investigator) could not have heard her burp or regurgitate or seen her possibly place something in her mouth. On the day before trial, the State dropped the DUI.
DUI & Criminal Division
