The Defendant was stopped for an expired tag. Upon contacting the Defendant, the officer noticed an odor of alcohol and an odor of burnt marijuana. The Defendant’s eyes were very watery and bloodshot and he fumbled with his documents and handed the officer an insurance card several times in lieu of other documents being requested. His clothing was wrinkled, disheveled and unknown stains were present. He was visibly nervous, bewildered at times and could not follow directions. Additionally, he had difficulty maintaining eye contact and focusing on tasks. He was difficult to understand and not making any sense. He denied drinking anything or smoking any marijuana. During the DUI investigation, instead of answering the officer that he did or did not understand the instructions on the tasks, he would simply say: “Can we just go to the beach?” He would also ask at abnormal times about the Miami Heat and Chicago Bulls basketball game even though it was not in response to any questioning and it was 4:00 a.m. He performed poorly on roadsides and was arrested for DUI. All of this interaction with the officer was captured on video and audio. A search of the Defendant’s vehicle revealed drug paraphernalia and marijuana. The Defendant was requested to submit to a breath and he refused to give a sample to determine the alcohol content. The Firm filed numerous motions arguing that certain evidence should be excluded and that certain special jury instructions should be given at the trial. The State of Florida, after the rulings from the judge, and on the day of the trial, agreed to dismiss the charge for Driving Under the Influence.
DUI & Criminal Division
