The Defendant was driving his vehicle when he swerved to the inside lane to stop his car and impacted a vehicle and then bounced off and hit two other vehicles. The Defendant was transported to JFK hospital for injuries. The officer observed the defendant to be laying in a hospital bed and was wearing no shirt and black dress shoes. He appeared dazed and disoriented and had a confused look on his face. He had difficulty keeping his eyes open and occasionally nodded off and fell asleep. The officer conducted HGN and VGN on the defendant and was a certified Drug Recognition Expert. He noticed signs of impairment of a central nervous system depressant. The defendant advised that he took two mg of Xanax a little bit ago through very slurred speech to where it was hard to understand him. He was asked to submit to a blood test and he refused. The State filed numerous charges of DUI crash based upon the defendant smashing into three different vehicles. Additionally, the Defendant was already on probation for a DUI at the time he was charged with these new DUI crash offenses. The Firm demanded a speedy trial and then was prepared to move to exclude the statement of Xanax pursuant to the accident report privilege. On the day of trial, the State of Florida dismissed all pending DUI charges against the Defendant.
DUI & Criminal Division
