On March 1, 2008 a civilian witness observed the defendant asleep at the wheel in Hollywood, Florida. The civilian then saw the defendant drive off the road and run over a curb ultimately stopping in a parking lot. The DUI investigator witnessed the defendant asleep at the wheel, with his foot on the break and with the engine running. The DUI investigator noticed the defendant to have the odor of an alcoholic beverage, bloodshot watery eyes; a flushed face and slurred speech. The defendant performed roadside sobriety exercises and did so poorly. The defendant was arrested and refused to submit to the breath test. The Firm filed a motion to Suppress the defendant’s Refusal to Submit to the Breath Test. Prior to the hearing for that Motion the State Dropped all DUI charges.