DUI & Criminal Division

The Defendant was seen by an officer running a red light. He was pulled over and the stopping officer smelled alcohol on the Defendant’s breath and his eyes were bloodshot, watery and glassy. He was unsteady on his feet and a DUI unit was called to respond to the scene. He admitted to drinking about 5 beers and then stated he did not want to do the roadsides because he was “too drunk” and asked “to be taken right to jail.” After continually asking the Defendant if he wanted to perform roadsides, he stated, “No, I am drunk, it would be a waste of time.” He then refused to perform roadside exercises and was taken to jail. At the jail, the Defendant refused to provide a sample of his breath and when asked to sign his tickets, he also refused. The firm took several sworn statements from the officers and filed a motion to suppress after discovering issues regarding the Defendant being placed in handcuffs. These issues did not appear in any of the police reports. The Firm argued the Defendant was “arrested” under certain legal principles although he was not “formally arrested.” On the date of the hearing on the motion to suppress, the State of Florida dismissed the charges for Driving Under the Influence, Driving Under Suspension and Refusing to Sign the Traffic Summons.