DUI & Criminal Division

The Defendant was arrested for violation of probation due to the fact that he was arrested for Driving Under the Influence. According to the police reports, a road ranger saw a pick-up truck parked on the road with a male that appeared to be sleeping and not responding to road ranger calls on I-95. A trooper with FHP drove up to the location and saw a black pickup truck stationed by the emergency shoulder with a male sitting behind the wheel. The male was awake and when he noticed the Trooper, he started his vehicle and attempted to leave. The officer activated his overhead emergency lights and signaled to the driver to wait for him. The Defendant stopped his car and waited. The officer approached the Defendant and noticed that he smelled like alcohol, had slurred speech and his eyes were bloodshot. He was arrested after agreeing to performing roadside exercises and was taken to jail. At the jail, he refused to submit to a sample of his breath to determine the alcohol content. The Firm was retained and immediately contacted the case filing division with the State Attorney’s office to present legal issues to them regarding the stop of the Defendant. After reviewing these issues, the State of Florida agreed not to file the charges for Driving Under the Influence. Thus, the very next day, the State Attorney’s Office agreed to dismiss the affidavit for violation of probation. The Defendant was reinstated back on probation with all original terms.