The Defendant was seen by a security guard driving into a parking lot and it came to a stop in a lane where the signals were going on and off. The driver briefly opened the door and the lights turned off. When the officer got there, the vehicle was off and the defendant was sleeping in the driver’s seat of the car. The keys were on the street next to the driver’s side door. The door was partially open. The defendant smelled of alcohol and his eyes were bloodshot and glassy and his speech was slurred. He could not get up on almost 3 occasions when the Defendant was told to get out of the car. He was unsteady on his feet and could not maintain his balance. He was asked to perform roadsides and he stated no. He was arrested and taken to jail where he blew a .317 and a .309. The Firm took case law to the office of the State Attorney establishing the fact that the defendant was arrested without probable cause for DUI. The State of Florida agreed and dismissed the charges for Driving Under the Influence.
DUI & Criminal Division
