The Defendant was stopped by DUI Task Force Member of the Pembroke Pines Police Department for weaving within his lane and speeding 63/45. Upon making contact with the Defendant, the Officer noticed the Defendant have the odor of an alcoholic beverage coming from his breath and his eyes were bloodshot and watery and he swayed while standing unassisted. He also admitted to consuming alcohol. The Defendant then was asked to perform roadside sobriety exercises and did so poorly. The Defendant was arrested and submitted to the breath test that resulted in a reading of .114/.115 g/210L, well over the legal limit of .08. The firm obtained a videotape depicting the entire episode between the Officer and the Defendant that depicted the Officer conducting an illegal roadside exercise relevant to DUI while the Defendant was still seated in his vehicle. This illegal exercise was the sole basis that allowed the Officer to ask the defendant out of his car for further roadside investigation, which led to his arrest for DUI. The firm filed a Motion to Suppress for Unlawful Detention based upon the Officer’s illegal conduct, which was summarily granted by the Judge. All charges were dropped by the State.
DUI & Criminal Division
