The Defendant was driving her vehicle when she almost crashed into a police car while both vehicles were in motion. She then swerved around the officer and drove almost 30 mph over the speed limit while weaving in her lane and almost hitting a curb. The officer stopped her and noticed an odor of alcohol, red/glassy eyes and slightly slurred speech. When asked, the Defendant admitted to drinking a Margarita and that she was coming from work (although she was not wearing a work outfit). The officer said the Defendant stumbled out of the vehicle and looked nervous when asked to get out. She was asked to perform roadside exercises. The Defendant was arrested because the officer believed she performed poorly. The Defendant agreed to a breath test at the jail where she blew a .138 and a .135. Additionally, when asked if she was under the influence, she stated “I guess.” The Firm ordered and received all videos of the Defendant’s performance on roadsides and submitted that evidence to the hearing officer at her DMV hearing. The suspension of her driving privileges were invalidated and her license was reinstated based upon the firm’s motion to throw out the suspension for a lack of probable cause to arrest for DUI. The Firm filed and brought that same motion into criminal court and provided the Judge with numerous cases after cross examining the arresting officer. The Judge agreed with the Defense and granted the motion finding that there was no probable cause to arrest the Defendant. The State of Florida dismissed all charges against the Defendant after the motion.
DUI & Criminal Division
