The Defendant was driving on State Road 91 in the early morning of May 6th when she ran out of gas. After pulling over to the side the road, the Defendant was approached by a Florida Highway Patrol Trooper for a “health and wellness” check. The Trooper smelled the the odor of alcohol coming from the vehicle and began a DUI investigation. The Defendant was subsequently arrested for DUI and asked to provide a breath sample. The Trooper claimed the Defendant refused to provide a proper breath sample and the Defendant’s license was suspended for a year. After winning the formal hearing (which caused the Defendant’s to be license reinstated), the attorney filed a motion to suppress challenging the legality of DUI investigation. After reviewing the motion, the state attorney decided to drop all charges prior to the hearing.
DUI & Criminal Division
