The Defendant was stopped for traveling 60 miles per hour in a posted 40 mile per hour zone. She attempted to get out of her car and had to be warned to stay in. She had difficulty following requests for her documents and had an odor of alcohol, red glassy eyes and admitted to consuming alcohol from her work (where she was coming from). She also had slurred speech and was being argumentative. She was asked to step out of the car to perform roadside exercises. She was unable to maintain balance during the walk and turn, started before being told to, missed several heel to toe steps and had to stop and steady herself. She never counted out loud as instructed. She performed poorly on the one leg stand, finger to nose and then incorrectly recited the alphabet. She was arrested and transported to the Breath Facility where she had an extremely flushed face, droopy eyes and looked impaired. The Firm filed numerous motions including a motion to suppress for a lack of probable cause for arrest, a motion to exclude portions of the roadsides for the officer’s failure to record all of it and a motion to exclude the alphabet task because of a constitutional violation. On the day of the hearing for the motions, the State of Florida dismissed the DUI charge.
DUI & Criminal Division
