On 03/ 16/ 2024 at approximately 0025 hours, a TPD officer was behind a silver 2007 Toyota Camry with Florida tag KDAG44 as it was traveling southbound on 1- 275 approaching the exit for Memorial Hwy. The vehicle was unable to maintain a single travel lane, appeared to be traveling above the posted speed limit, and as it took the exit was following another vehicle too closely. As the vehicle traveled northbound on Memorial Hwy, the officer paced it at speeds of approximately 88 MPH in a posted 50 MPH confirmed via properly calibrated TPD vehicle # 5055. A traffic stop was conducted at the intersection of George Rd and Memorial Hwy with the vehicle pulling into the 7- Eleven Gas Station parking lot at the northwest corner of the intersection.
The officer made contact with the vehicle on the driver's side which was operated by the Defendant. Upon making contact with the vehicle the officer observed the odor of an alcoholic beverage coming from the interior of the vehicle and there was a open can of beer in plain view in the center cup holder. The Defendant had bloodshot/ glassy eyes and he appeared to have a dazed look upon his face. The officer explained to him the reason for the traffic stop to which he advised he did not realize he was driving that fast and observed that his speech appeared slurred. He advised that they had just left a comedy club in Ybor City and was on the way back to his residence. The officer asked if he had anything to drink tonight to which he confirmed he had been drinking at the comedy club.
Based on the indicators of impairment observed at roadside the officer asked the Defendant to exit the vehicle to which he complied and immediately advised that he would not participate in a DUI investigation. After explaining to him the legal circumstances around a DUI investigation he again declined to participate in a DUI investigation and SFSTs were not administered.
Based on the observed driving pattern, the indicators of impairment observed at roadside, and his admission to consumption prior to driving;the Defendant was placed under arrest for DUI. The Defendant then refused to submit to a breath test after being read Florida Implied Consent law.
Result: the case was set for trial, but before the trial, the State dropped the DUI charge.