Officers from the Sunrise Police Department witnessed the Defendant smash his vehicle into an electronic gateway entrance for a residential development in the City of Sunrise. A traffic stop was conducted after the Defendant passed through the gate that he just crashed into. The officer asked the Defendant if he was ok after the crash and the defendant responded that “he was in Weston dropping off the girls.” Observations were made of the Defendant including, but not limited to: the odor of an alcoholic beverage; flushed face; bloodshot eyes; and unsteadiness on his feet. The Defendant was then asked to perform roadside sobriety exercises and asked if he had any ailments that would prevent him from doing the exercises. The Defendant responded “I have a mosquito bite that needs treatment”. The Defendant performed poorly on the roadside exercises to the extent that they had to be stopped because he was so severely impaired. The Defendant refused a breath test. During the investigation of the case, the firm discovered that the arresting officer had no independent recollection of the incident involving the Defendant. The firm then filed a motion to exclude him as a witness for trial, to which the state conceded. All DUI charges were dropped.
DUI & Criminal Division
