The Defendant was seen swerving out of his lane and quickly correcting. After the officer initiated his lights, the Defendant drove over a curb and stopped his car. The officer Could smell alcohol and the Defendant had glassy/bloodshot eyes and heavily slurred speech. He stated that he drank “a lot” earlier but it had been a while. He was asked to submit to roadsides where he initially had trouble balancing and following instructions and then refused to continue. He was then arrested and taken to jail where he refused to give a sample of his breath. The firm filed a motion to suppress arguing that the video was inconsistent with the Officer’s reports and that the Defendant was stopped illegally. The motion was set for hearing and on the day of the hearing, the State of Florida dismissed the DUI.
DUI & Criminal Division
