The Defendant was passed out in her vehicle on the southbound exit ramp of I-95 and Boynton Beach Boulevard. An independent witness called the police who responded. When an FHP DUI officer arrived, he noticed that she smelled like alcohol and her eyes were bloodshot. Because the area was not conducive to roadsides, the Defendant was moved to the Holiday INN parking lot about 200 feet away. She performed poorly on roadsides and was arrested. While at the jail, she gave two breath samples of .168 and .173. The firm filed a motion to exclude the roadsides because the Trooper did not record the exercises even though he had a working camera. The firm retrieved the FHP policies on videotaping and set the motion for a hearing. At the hearing, the Officer had brought several pictures of the Holiday Inn parking lot depicting what the officer claimed to be “an area that would not allow him to record.” He tried to convince the court that he purposely did not record the roadsides due to an inability to capture them. After being cross examined by the Firm, the court granted the motion, indicating on the record that parts of the officer’s testimony was “offensive.” After the hearing, the State Attorney’s Office dismissed the charges for Driving Under the Influence.
DUI & Criminal Division
