The Police stopped the Defendant when he drove at a high rate of speed in a 25 mph zone and forced some pedestrians to run out of the way to avoid being hit. The officer noticed the smell of alcohol coming from the defendant’s breath. He also had glassy, bloodshot eyes and flushed cheeks. The defendant admitted that he had consumed 5 drinks at a friend’s house as well as some sleeping pills. The officer had the defendant perform 3 roadside exercises, and he did poorly on all 3. The defendant provided a breath sample that was almost twice the legal limit. He was arrested for DUI with a Breath over .15. The attorney for the firm filed a motion contesting the breath results. The attorney argued that the breath should not be admissible because the testing of the breathalyzer did not comply with FDLE regulations. The motion was granted. The State dropped the DUI charge.
DUI & Criminal Division
