The Defendant was driving home when he was involved in an accident. When the police showed up, the officer noticed that the Defendant had bloodshot, glassy eyes and his speech was slightly slurred. He also smelled like alcohol and admitted to drinking 4-5 beers within the last hour. He would get angry and then calm. During the roadside exercises he swayed and said during the one leg stand that “he could not do it if he was sober.” During the finger to nose exercise, the Defendant did not touch the tip of his nose as instructed and used the wrong hand on one occasion before having to correct himself. The Defendant was taken to the jail where he refused to submit to a sample of his breath. The Firm immediately notified the State Attorneys office of the evidence collected, proving that the other driver caused the accident. Additionally, all statements made by the Defendant were protected by the Accident Report Privilege so the State agreed they would be inadmissible in court. A motion to suppress was going to be filed arguing that the Defendant was arrested without probable cause. The State of Florida agreed and declined to file any criminal charges against the Defendant.
DUI & Criminal Division
