Our client was involved in an accident at an Aston Martin dealership in Orlando, having hit a parked car. Upon law enforcement’s arrival, our client was outside of the vehicle, and walking around the scene. Law enforcement quickly questioned our client as to what happened during the accident. During the approximately 20 minute accident investigation, the lead law enforcement officer conferred with other officers on scene at least 3 times. Each time indicating that he could not tell if our client was under the influence or not. Specifically noting he did not smell any alcohol on her breath – even after she was less than a foot away from him leaning into his car door. After the crash investigation was completed, law enforcement, without the requisite suspicion, decided to conduct Field Sobriety Exercises. Based on our client’s performance on the exercises, she was placed under arrest and charged with a DUI.
Upon reviewing the case and the evidence, our attorney learned that the facts did not support the arrest for a DUI. The officer’s report was directly contradicted by the evidence that was on his Body-worn Camera. Also, the officer violated our client’s rights under the Accident Report Privilege. Our attorney filed a Motion to Suppress evidence, to place the facts before a Judge and have the Judge rule that the investigation was unlawful and the case should be dismissed.
Prior to the hearing on the Motion to Suppress, the State dismissed the charges against our client.