The Defendant was driving on Federal Highway when an officer heard music loudly coming from his car. The Defendant was pace clocked traveling 56 miles per hour in a 45 mile per hour zone for 4 blocks. After being stopped, the Defendant would not look at the officer without him being told to do so, but instead just stared straight ahead as the officer spoke to him. The officer noticed that the defendant smelled of alcohol and his speech was slurred. His eyes were glassy and bloodshot. The Defendant admitted to coming from O’Briens Bar in Boca Raton and that he had a couple beers within the last 2 hours. The Defendant performed poorly on roadside tasks and then was arrested where he refused a breath test. The Firm filed a motion to suppress arguing that the video depicts the officer approaching the Defendant traveling at a speed of 56 miles per hour. Additionally, the Firm filed a second motion which depicts the defendant performing well on the roadsides arguing that the officer lacked probable cause to arrest him. After receiving the motions, the State of Florida declined to file any charges against the defendant on the very next day.
DUI & Criminal Division
