The Defendant was seen by a Delray Beach Police Officer revving her engine and traveling at a high rate of speed. As she passed the Officer, she tailgated another vehicle and then jerked her wheel to the left when there was heavy pedestrian traffic in Downtown Delray. The Defendant was stopped and the Officer noticed an odor of alcohol, slurred speech and bloodshot/glassy eyes. She also had slow dexterity, a flushed face and mumbled speech as well. She appeared to be searching around her car as if she was looking for something. She first stated to the Officer that she had 2 vodka drinks and then after Miranda was read she said she had the two drinks and lunch and nothing after. She was asked to perform roadside exercises which she started performing but then refused and said “just take me to jail.” She was not performing well on the walk and turn when she made that statement. The Officer cited her for Following too Closely and for Careless Driving. While at the jail, she refused to give a sample of her breath when asked and then stated that “she got out of a ticket in Broward and I know I’ll get out of this DUI because my friend is an Air Marshall.” She also stated that she can feel the effects of the alcohol on video as well. The Firm filed a motion to suppress arguing that the Officer stopped the Defendant without probable cause that a traffic infraction occurred and without reasonable suspicion of criminal activity. The driving pattern was all captured on the Officer’s dash cam in his car. The Firm called the driver of the “alleged tailgated vehicle” who testified she never followed her too closely. The video showed that the Officer could not possibly have seen how close the Defendant’s vehicle was to the car she allegedly tailgated. Additionally, the firm argued that she was behind this car for mere seconds and therefore was also not technically “following” the vehicle. Additionally, after cross examination, the Office of the State Attorney conceded that there was no careless driving. Result: The Judge granted the motion and the State dismissed all the charges against the Defendant.
DUI & Criminal Division
