The Defendant ran a stop sign while exiting a shopping plaza and crashed directly into another vehicle. The Defendant was taken to the hospital for treatment where the officer met with him. Upon meeting with the defendant the officer smelled an odor of alcohol coming from him and his face was flushed. His speech was slow and slurred. His eyes were bloodshot and glassy. The officer spoke to the doctor who advised him that the Defendant had suffered serious bodily injury from the accident and had a collection of blood on the surface of his brain, a popped lung and various other cuts and abrasions. After being stabilized the Officer told the defendant he was conducting a DUI investigation and read him Miranda. The Defendant admitted to taking shots of whiskey four or five hours prior to the crash. His blood was taken and yielded a .063 and .064 alcohol level. He had the presence of marijuana in his blood as well. After a full review of the medical records and negotiations with the State Attorneys Office, the State of Florida dropped the DUI charge.
DUI & Criminal Division
