Officers were standing in a parking lot near a restaurant when a white female backed up her car and attempted to clear a small median. The vehicle went over the median and then backed up scraping the undercarriage of her car. The officers told her to stop her car and made contact with her. The officers noticed there was a strong odor of alcohol coming from her breath, her eyes were bloodshot and glassy and her speech was slurred. A DUI officer arrived on scene and while talking to the Defendant, she had to use the car for support several times. She would cry and then laugh and explained to the officer that she had a fight with her husband so she came to the restaurant to have a drink. She said she was pissed off and had two drinks and was at a Casino before getting to the restaurant. She performed poorly on the roadsides and was arrested. At the Breath Alcohol Testing Facility, she gave a breath sample of .087 two times. The Firm took sworn testimony from the officers who stopped the defendant. After locking the officers into certain testimony, the Firm filed a motion to suppress arguing that the stop was illegal and therefore the roadsides and breath results were inadmissible. The State of Florida agreed and dismissed the charges for DUI.
DUI & Criminal Division
