The Defendant was observed by the Port Orange Police Department traveling on the wrong side of the road for approximately one quarter of a mile. The Defendant smelled like alcohol from two feet away and had slurred speech and bloodshot, glassy eyes. The Defendant was asked to exit the vehicle, had to use the vehicle to support herself, staggered while walking and swayed while standing. She performed so poorly on the Field Sobriety Exercises that they were stopped for safety reasons and the Defendant was placed under arrest for DUI and taken to give a breath sample. During the breath test the Defendant did not give a sufficient volume of breath to activate the machine and after numerous requests was deemed to have refused. After lengthy negotiations with the State we were able to convince the State to drop the DUI charge.
DUI & Criminal Division
