2014-CT-XXXXXXX NO CONVICTION AS CHARGED

On July 24, 2014, at approximately 3:45am, Tampa Police officers observed a green SUV parked in the Family Dollar parking lot across several parking spaces with the lights on. As they approached the vehicle, the officers were able to observe occupants inside the vehicle, not moving and the vehicle was running. While standing at the driver and passenger windows, the officers announced themselves. The passenger came to and appeared to be severely intoxicated. The driver was slumped over the center console and was unresponsive. After multiple attempts of physically moving the driver’s shoulders, he began to respond. One of the officers then looked into the back seat and observed an AK-47 rifle sitting in plain view. The officer immediately opened the vehicle door and removed the weapon. The officer then observed a black handgun on the driver floor, next to the driver’s feet. After multiple tries, the driver finally sat up and exited the vehicle along with the passenger. The driver was very unsteady while standing with a wide stance. He stumbled as he walked and one of the officers noted a strong odor of an alcoholic beverage coming from his breath. The driver also had bloodshot/watery eyes and was in a daze. The driver indicated he was coming back from his mom’s house near Ybor city. A DUI investigator was called to the scene. The driver submitted to the field sobriety exercises and exhibited clues of impairment. The driver was then arrested for DUI and refused to provide a breath sample. Results: The firm filed a motion to suppress and before the motion began, the DUI was dropped by the State.02/09/2015