Our client was on his way home from a birthday party when he pulled over on the 417 in Seminole County. A member of the Seminole County Sheriff’s Office found our client sleeping at the wheel of his car with the car in drive on the shoulder of the road. No complaints were made by any citizens in regards to his driving. Upon awaking, our client complied with all of the Deputy’s commands. Our client politely refused to participate in any field sobriety tests and also declined to submit to a breath sample. The Deputy arrested our client based on the odor of alcohol, him sleeping behind the wheel, his admission to drinking alcohol, and other visual observations. We argued that without performing any field sobriety tests, no breath sample, and no poor driving, there was insufficient evidence to prove that our client was in fact Driving Under the Influence. The State Attorney agreed and dropped the DUI charge.
DUI & Criminal Division
