The defendant was driving on Okeechobee Boulevard when an officer observed the defendant driving in the center of the road after turning onto Barcelona Drive. The vehicle then rolled through a stop sign and almost stopped in the middle of the road and made a wide right turn. This was all captured on video and played during the trial by the state attorneys office. The officer stopped the defendant and approached the vehicle. The driver of the vehicle had reddened glassy eyes, slurred speech and had an odor of an alcoholic beverage coming from his breath. The officer ordered the defendant out of the car where the defendant was unsteady on his feet and stumbled backwards. The defendant was not steady on his feet again 2 more times before starting the exercises. The officer asked the defendant if he had been drinking and he said he had several beers. The officer first asked the defendant to do the walk and turn. The defendant could not maintain his balance, barely stayed on the line at all and never walked heel to toe. The defendant could not perform the one leg stand. Additionally, during the finger to nose task, the defendant touched the nostrils, bridge of his nose and could not keep his eyes shut even though he was told to touch the tip of his nose and keep his eyes shut. The field sobriety exercises were caught on video and showed a poor performance on the one leg stand and walk and turn. The defendant was arrested for DUI and taken to the Breath Alcohol Testing Facility where he refused a breath test. He then admitted there to drinking 2 or 3 beers that night and admitted to have been driving home from a bar. Verdict: Not guilty.
DUI & Criminal Division
