The Defendant was seen by a Boca Raton Police Officer fail to come to a complete stop at a steady red light when making a right. As the officer followed him he observed the Defendant strike a curb while weaving out of the lane and then quickly correct the vehicle back to the right. As the Defendant approached a red light, he failed to stop at the stop bar when going through the light. The officer pulled the Defendant over and approached the driver’s door. The Defendant through a cigarette out the window as the officer approached and the officer asked the Defendant if he knew why he was pulled over. The Defendant said he knew he struck a curb. The officer then noticed that the Defendant’s breath had an odor of alcohol, his eyes were bloodshot and glassy. When asked for his license, insurance and registration, he fumbled around and couldn’t find the registration. He was asked to step out of the car to perform roadside exercises where he admitted he got off work around 11:30 p.m., went to a bar and drank four beers. When he got out of the car, he now had mints in his mouth when they weren’t there at the time of the stop. During the walk and turn, he stepped out of position on the instructional phase, stumbled on his 4th and 9th steps out and had to ask questions about how to turn around. He then stumbled on his fourth step back. During the one leg stand he put his foot down more than 4 times and used his arms to balance way off the sides of his body. He never touched the tip of his nose during the finger to nose exercise and swayed during the alphabet task. He was arrested for DUI and taken to the police station where he submitted to a breath test. He blew a .124 at 2:33 a.m. and again a .124 three minutes later. While on video and at the police station before he gave the breath sample he continually questioned the officers about whether he should take the test and then informed them that this would affect his job big time if he got a DUI. The Firm took the case to trial in front of a jury and brought out numerous inconsistencies with the arresting officer’s testimony. Additionally, the breath operator and maintenance technician were vigorously cross examined regarding whether the Defendant was above a .08 at the “time he was driving.” The jury returned a verdict of not guilty of DUI.
DUI & Criminal Division
