The Defendant was seen by an off duty Cocounut Creek Police Department Officer traveling over 100 mph, passing on the shoulder, tailgating other vehicles and causing others to take evasive actions by braking and swerving on the road. The Defendant almost caused several crashes on the Florida Turnpike. When the Florida Highway Patrol officer got a visual on the vehicle, it was traveling within ¼ car length behind another car. Another trooper clocked the Defendant at 100 mph as he passed him. After being stopped, the Defendant was unsteady on his feet and used his door to keep his balance. He was arrested for Reckless Driving and while speaking to him, the Trooper noticed an odor of alcohol and his eyes were bloodshot, glassy and watery. His speech was slurred and mumbled and his face appeared to be flushed. The Defendant stated he had no alcohol in the truck, just Gatorade. After being told he smelled alcohol, the Defendant denied having anything to drink. During the roadside tasks, the Defendant stepped off the line several times, raising his arms and almost falling over on 5 occasions. During the one leg stand, the Defendant started hopping all over the street and mixed up the numbers while counting. After being taken to the breath facility, the Defendant refused a breath sample after being told his license and commercial drivers license would be revoked for one year. Additionally, he argued for almost 15 minutes about whether he should take the test. The Firm pointed out to the State that the Officer did not read the Defendant his Miranda warnings after being immediately handcuffed on scene and thus none of the statements made by the Defendant would be admissible. After pointing out that fact and other problems with the case, the State agreed to dismiss the charges for Driving Under the Influence.
DUI & Criminal Division
