The Defendant was stopped going 77 mph in a 35 mph zone and weaving in and out of traffic at a high rate of speed. The officer noticed his eyes were glassy and bloodshot, his pupils were dilated and his face was flushed. His speech was mumbled and he was uncooperative and moody. The officer also noticed a strong odor of alcohol coming from his person. The Defendant performed poorly on the roadside tasks and even began refusing certain ones after hopping to keep his balance on the one leg stand. After being arrested, the Defendant would not answer questions while on video until the officer let him urinate as he demanded to be able to pee. After urinating, he was asked to submit to a breath test and he literally stared at the officer and would not respond and eventually laid down on the floor of the breath facility with his head between his legs while the officer continually requested a breath test. The Firm provided the State attorney’s office with significant mitigating medical record evidence regarding a defense to the charges as well as mitigating circumstances surrounding the agency who arrested him. After a full review of the case, the State of Florida agreed to dismiss the charges for Driving Under the Influence.
DUI & Criminal Division
