The Defendant was clocked going 70 in a 35 mph zone. The officer witnessed him swerving in the road and slowing down rapidly and then failing to stop at a stop sign. The officer then activated his siren to conduct a welfare check on the car and the Defendant backed over a concrete block in a parking lot. After getting out of the vehicle, the officer observed that he was unsteady on his feet and stumbling around. His eyes were red and glassy and he smelled like alcohol. His face also appeared flushed. He admitted to drinking 2 beers. The Defendant performed poorly on roadside exercises and was arrested. After being arrested, the officers found a Gatorade bottle which had liquid in it that smelled like alcohol. When taken to the breath facility, he was asked to submit to a sample of his breath and he refused. The firm negotiated with the State Attorney’s office pointing out the video from the jail that depicted a person who did not look or sound like the person described in the reports. After these talks, the State of Florida agreed to dismiss the charges for Driving Under the Influence.
DUI & Criminal Division
