The defendant was involved in an accident and then continued driving and was invovled in a second accident. The driver who was determined to be at fault was the defendant. An officer began talking to the Defendant where he noticed that her speech was mush mouthed and she was swaying in a circular motion while standing and talking to him. She refused to be looked at by EMS and then stated she takes several medications for back problems. She admitted to taking Tramadol, Lithium and Prozac. The Defendant would not follow the pen light task. The officer then read the Defendant her Miranda warnings and told her he was conducting a DUI investigation. She performed poorly on roadside tasks and was arrested for DUI. At the jail she consented to a urine sample to determine the presence of controlled substances. The Firm filed a motion excluding any statements made by the Defendant on scene prior to Miranda as well as a motion to suppress the arrest as it was made without probable cause for DUI. After the State of Florida recieved these motions, they declined to file any charges against the Defendant.
DUI & Criminal Division
