On November 7th, 2010, an officer with the Palm Springs Police Department observed the Defendant’s vehicle swerving between the lanes of traffic. The vehicle moved to the left crossing the solid line and then corrected. The vehicle then crossed over the right side lane markers twice and corrected back to the lane. The vehicle then crossed in front of the path of another vehicle while making a U-Turn and the other vehicle had to slow down. As the officer got behind the defendant, he crossed over to the left driving along the lane markers and had to correct. The Defendant was stopped and the officer noticed an odor of alcohol. The Defendant admitted to drinking 2 beers. A DUI officer came to the scene and saw the Defendant had red, glossy eyes and continually told the same story over and over again about where he was going. His speech was slurred and he performed poorly on roadside exercises. When he was taken back to the jail, he gave two breath samples of .215 and .195. The Firm filed a motion to suppress arguing that the Officer stopped the Defendant without any reasonable suspicion of criminal activity. The video contradicted what the Officer had written in his reports. On the day of the hearing, after the State of Florida reviewed the motion and the video, they agreed and dismissed the charges for Driving Under the Influence.
DUI & Criminal Division
