CTXX-XXX09XXXX NO CONVICTION AS CHARGED

On May 12, 2012 at approximately 1:46 am, a Temple Terrace Police officer observed a white Ford pickup stopped at a green light at the intersection of Bullard Parkway and N 56th St with the driver behind the wheel sleeping. The Defendant driver had his foot on the brakes while the vehicle was in drive and running. Once the officer made contact with the Defendant, he immediately noticed the strong odor of alcohol coming from the vehicle. The Defendant was snoring loudly. The officer reached inside the vehicle and put the vehicle in park and shut the vehicle off. After 3 attempts of trying to awaken the Defendant, he finally responded and stated “where am I?” The officer asked the Defendant if he knew where he was and he responded ‘Winterhaven’. While speaking with the Defendant, his speech was slurred and thick tongued. His eyes were bloodshot and glassy and the odor of an alcoholic beverage emitted from his exhaled breath. When asked for his driver’s license, the Defendant attempted to give the officer his bank card. The officer asked the Defendant to exit the vehicle and observed a sway while he was standing. The Defendant was requested to perform field sobriety exercises, which he refused. The Defendant was placed under arrest for DUI and refused to provide a breath sample. An open container of beer was located in the floorboard of the vehicle. The Defendant was previously convicted of DUI in Pasco County in 2008 so he was facing a mandatory jail sentence and 5 year revocation of his driver’s license. Results: The case was set for a jury trial, and the State dropped the DUI charge at the pretrial hearing date just days before the trial was set to begin.