The Defendant was stopped for an expired tag while he was pulling a boat on a trailer. The Officer noticed an odor of alcohol and he had glassy eyes. The DUI officer noticed the same observations but also that his speech was slurred. The Defendant initially said he had 3 beers and then later to 5 beers. He said that his friends were drunk and he was only wearing shorts with no shirt on. He agreed to perform roadside exercises which he performed poorly. During the alphabet task, he said “HIJ LMNO QSOVXY”. The Defendant was arrested for DUI and taken to the Breath Alcohol Testing facility where he refused to give a sample of his breath. The firm was able to convince the State of Florida that they could not prove a DUI beyond a reasonable doubt as the video evidence was contradictory to the Officer’s reports. The State of Florida dropped the charges for Driving Under the Influence the week prior to the trial.
DUI & Criminal Division
