The defendant was stopped by an officer from the Hollywood Police Department for racing another vehicle, driving at an excessive speed, cutting off other vehicles; running a stop sign and making a turn into oncoming lanes of traffic. That officer as well as the DUI Investigator noticed that the defendant had an odor of an alcoholic beverage; flushed face; bloodshot and glassy eyes, slurred speech and was argumentative and had mood swings. The defendant was stumbling and had to use his vehicle for balance. The defendant was asked to perform roadside sobriety exercises and did so poorly. The defendant admitted to being under the influence and to consuming three rum and cokes and to taking two percocet and one tagamet. The defendant was arrested for DUI and refused all testing. The judge entered a judgment of acquittal based on the firm’s motion made at the close of the State’s case and the case was not allowed to go to the jury. This was the equivalent of a dismissal entered by the judge.