The Defendant was observed traveling at a high rate of speed and changed lanes to the right and immediately to the center lane. The Defendant then accelerated at a high rate of speed and was clocked going 60 mph in a 45 mph zone. The Defendant was stopped and she admitted that she lived right down the road. After being asked where she was coming from, she said dinner at Bradley’s. The Officer noticed an obvious odor of alcohol and she admitted to drinking two drinks. She agreed to participate in roadside tasks after first refusing to submit to them. The Defendant’s husband pulled up on scene and had to be told to leave. The Defendant performed poorly on all of the roadsides and was arrested for DUI. She called the officer vulgar names and used profanity during the ride to the jail and even managed to get her arms in front of her after being handcuffed from behind. While at the jail, she refused to submit to a sample of her breath after being told her license would be suspended for one year. She told the officer she could feel the effects of the alcohol and that she was under the influence. She admitted to drinking wine at Blue Martini’s. The Firm filed a motion to suppress arguing that the Defendant was detained for a DUI investigation without a reasonable suspicion of criminal activity. The State of Florida reviewed the motion and dismissed the charge for Driving Under the Influence on the day of trial.
DUI & Criminal Division
