A Fort Lauderdale Police Officer saw the Defendant’s vehicle driving without its headlights on. The officer attempted to stop the Defendant’s vehicle however the Defendant kept driving until she pulled into a parking lot of a convenience store approximately one half mile from the location where he initiated his lights. The stopping officer detected the odor of an alcoholic beverage coming from the Defendant’s breath, bloodshot eyes, slurred speech, and a flushed face. The DUI investigator arrived on scene and made identical observations to those of the stopping officer. The Defendant was then asked to submit to roadside sobriety exercises and she admitted to consuming two glasses of wine between the hours of 7 p.m. and 10:30 p.m. The Defendant performed poorly during the exercises and was not able to follow instructions. Based on the foregoing, the Defendant was arrested for DUI and refused to submit to a breath test. After the Defendant’s arrest, a blue cup filled with an alcoholic beverage was found inside the defendant’s vehicle under the driver’s seat. Result: The State dropped all DUI charges.17/06/2010
DUI & Criminal Division
