Our client was found unconscious in a ditch on the side of US 27 in Weston facing southbound near the northbound lanes of travel. Officers testified that it appeared that he had fallen asleep while driving and veered off of the road into the grassy swale between lanes of travel. Officers were eventually able to wake our client up, at which point he appeared disoriented and attempted to leave the scene in his vehicle before officers smashed his driver’s side window and physically stopped his vehicle from moving forward. Once removed from the vehicle, officers alleged that our client became combative and argumentative, refusing to cooperate with their investigation. During the incident, officers observed an open bottle of Heineken in the center cup holder and smelled an odor of alcohol on our client’s breath. Officers alleged that this disruptive behavior continued at the hospital, where our client allegedly attempted to fight deputies and hospital staff while they attempted to treat him. The attorney for the Ticket Clinic was able to convince prosecutors that various underlying medical conditions caused or contributed to his behavior and that the officers actions in breaking the window to effectuate a second traffic stop violated the 4th amendment protections against unlawful search and seizure. As a result of our attorney’s efforts, the State Attorney’s Office dropped all DUI charges against our client and he was able to plea to the reduced charge of reckless driving and received a withhold of adjudication, allowing him to potentially seal and expunge this case from his record.
DUI & Criminal Division
