09-0XXX64XXM10A NO CONVICTION AS CHARGED

This case was the defendant’s second DUI within 5 years of a prior DUI conviction and requires a mandatory jail sentence and 5 year driver’s license revocation and the imposition of an interlock device (breathylizer) on the vehicle, if convicted. On June 26, 2009, the Defendant was traveling on I-595 just west of Nob Hill Road. The Defendant was driving in stop and go traffic and the vehicle in front of the Defendant’s vehicle stopped suddenly. In an attempt to avoid the collision (which he was unable to) the Defendant lost control of his vehicle; hit the vehicle in front of him; left the roadway and crashed through a fence separating I-595 and SR 84. A Florida Highway Patrol Trooper arrived on scene to investigate the crash and noticed that the Defendant had a strong odor of an alcoholic beverage, bloodshot and watery eyes and was extremely unsteady on his feet. The Defendant was identified as the driver of the vehicle and was asked to perform roadside exercises. During the roadside exercises, the Defendant almost fell several times and was arrested for DUI. The Defendant refused to submit to the breath test. All DUI charges were dropped by the State.