DUI & Criminal Division

The Defendant crashed into several palm trees including the final tree that caused the vehicle to come to a rest. The driver had to be extricated from the vehicle. An independent witness to the crash said that the vehicle for no reason veered off the roadway and hit the trees. The Defendant was taken to the hospital and the officer responded there to speak with him. The officer noticed his voice was mumbled, he spoke very slowly and he seemed dazed. Additionally, he had a white crusty substance in the corners of his mouth and a white film on his tongue. The officer thought that the Defendant was under the influence of a controlled substance (not impairment by alcohol) and asked him for a blood test. The Defendant was very indecisive of whether he would submit to a blood test, continually saying that he was concerned that there may be some drugs in his system from a few weeks prior. Implied consent was read to the Defendant and he kept saying he was drug free for two weeks but that there may be some type of drugs that would show up in the blood test. Finally, the Defendant refused. The EMS report came back indicating that the Defendant admitted to drinking a glass of wine and showed indicators of impairment. However, the Firm made contact with the case filing attorney with the State Attorney’s Office and pointed out several problems with the case. Most importantly, there were major inconsistencies with the EMS report and the officer who charged the Defendant with DUI. Additionally, the Firm pointed out that based upon the officer’s failure to read Miranda, no statements would be admissible. Additionally, without a blood test, the State of Florida could not prove the charges. The State agreed and declined to file any charges against the Defendant.