Our client was driving through a construction zone and got confused by the placement of the construction signs and cones. As a result, he turned his car onto the railroad tracks. A woman saw him “stumble out of the car” and police were called. Upon arrival, the officers felt that signs of impairment were present and roadside tasks were offered. Due to previous injuries, only the HGN task was performed. After the arrest, the breath test was offered. After some discussion and some improper explaining by the officer, our client “refused” the breath test. Ticket Clinic lawyers took over the case and immediately fought the license suspension at the DMV. The DMV suspension was invalidated and the license was returned. Next, in court we argued that the arrest was improper based on recent caslaw from the 4th DCA. We also argued that the explanation for the breath test was imroper. The Judge heard the testimony at a motion hearing and agreed with our argument. The motion was granted and the State dropped all charges.
DUI & Criminal Division
