The Defendant was witnessed by an officer around 2:45 a.m. accelerating at a high rate of speed through the intersection almost striking the vehicle in front of the officer causing that vehicle to slam on its brakes. The Defendant then continued accelerating and crossed over three lanes of traffic and then almost caused another collision. The vehicle that the Defendant almost hit had to swerve out of the way to keep away from the Defendant’s vehicle. The Defendant was stopped and the officer noticed the defendant had slurred speech and an odor of alcohol coming from his breath. Another officer arrived to conduct a DUI investigation. The Defendant stated he had not consumed any alcohol and then later changed his story to “1” drink. The Defendant performed poorly on roadside tasks and was arrested for DUI. After being requested to submit to a breath sample, the Defendant refused. The Firm pointed out numerous problems with the State’s case including issues regarding the Defendant’s Miranda rights being violated on scene. Additionally, the officers made numerous expressions and gestures indicating their own doubt about the Defendant’s impairment. After convincing the State of Florida that the case was not strong enough to prove beyond a reasonable doubt, the DUI charge was dismissed.
DUI & Criminal Division
