The Defendant was operating a motorcycle at around midnight when an officer with the Palm Beach County Sheriff’s Office noticed him weaving in his lane, hitting his brakes for no reason and driving 10-15 miles under the speed limit. The Officer stopped the Defendant and smelled an odor of alcohol and noticed glassy/bloodshot eyes. He admitted to having 2 shots and a beer within the last hour. After performing poorly on roadsides, the Defendant was arrested and taken to the breath alcohol testing facility. He consented to a breath test where he gave results of .198 and .203. The Firm took sworn testimony from the officer at an administrative hearing and then filed a motion to suppress the stop based upon the video from the in car camera of the officer. The video depicted a different version of events than the officer testified to. The court set the case for an evidentiary hearing and after hearing testimony and watching the video, the court granted the motion to suppress. The State of Florida dismissed all charges against the Defendant within one hour of the hearing.
DUI & Criminal Division
