On June 30, 2012, at approximately 10 pm, a Florida Highway Patrol officer was headed southbound on I-75 just south of I-4. He observed a vehicle which he thought was traveling well over the posted speed limit. The vehicle ran up on the back of traffic 2 lanes to the officer’s right and slammed on the brakes. The vehicle then abruptly changed lanes to the left and began to speed up rapidly. The officer was able to get a pace clock on the vehicle. The officer was traveling 106 miles per hour and not gaining or losing any distance on the vehicle. The officer had to travel well over 110 mph to catch up to the vehicle and initiate a traffic stop. The officer made contact with the driver/Defendant and could smell an odor of alcoholic beverage. The driver’s motor skills and reactions seemed slow. The Defendant’s eyes were bloodshot and glassy, and his face was flush. The officer asked the Defendant to step out of the vehicle. The Defendant had trouble maintaining his balance and his speech was slow and slurred. The Defendant was asked if he would perform field sobriety exercises and he stated he did not understand what the officer was talking about. The Defendant agreed to let the officer look at his eyes. The Defendant could not follow the instructions to follow the pen with his eyes to determine if HGN was present. The Defendant stated he had nothing to drink. The Defendant was then relocated off the interstate for field sobriety exercises. As the Defendant rode with the officer to the field sobriety exercise point, he stated he did not understand what the officer was talking about. During the field sobriety exercises, the Defendant kept telling the officer that he did not know what he was talking about, and that he was from Bulgaria. He stated he would try the exercises but kept having difficulty with the officer’s instructions. The Defendant exhibited multiple clues of impairment on the One leg stand, finger to nose, and walk and turn exercises. The officer then read the Defendant his Miranda rights, which he waived and agreed to answer questions. The Defendant again said he had nothing to drink. The Defendant was placed under arrest for DUI. The Defendant refused to provide a breath sample. Result: The case was set for trial and at the last call hearing before the trial, the State dropped the DUI charge.
DUI & Criminal Division
