A Palm Beach County Sheriff’s deputy heard a BOLO in reference to a possible impaired driver. Other Palm Beach Sheriff Officers were following the vehicle. The officer found the vehicle and observed it weaving noticeably within it’s lane and appeared to be straddling the passengers side white lines while traveling 10 miles under the speed limit. The vehicle then sat for several seconds when a light turned green instead of starting its travel. The vehicle then continued to weave noticeably in the lane and crossed over the line once or twice by a few inches. The defendant then turned on the turn signal and went to turn into an area that was a curb and then corrected itself back onto the street. The Officer then initiated a traffic stop on the vehicle. The defendant’s eyes were glassy and bloodshot and there was an obvious odor of an unknown alcoholic beverage coming from the vehicle. The driver swayed noticeably when he was standing outside the car. He stated that he drank 2 coronas and performed poorly on the roadside exercises. He was arrested and taken to the Breath Alcohol Testing Facility where he was asked to submit to a sample of his breath where he blew a .081 and .092. The Firm filed numerous motions to suppress including a motion to suppress arguing that the defendant was stopped without a reasonable suspicion of criminal activity. The driving pattern was captured on video. The State received the motion and dropped the DUI charge.
DUI & Criminal Division
