Our client was arrested and charged with DUI. The officer observed the vehicle driving with an expired tag and he determined the registered owner had a suspended license. He followed the vehicle for some time and observed no unsafe operation of the vehicle. He stopped the vehicle and the driver pulled into a parking lot. The officer observed his eyes were bloodshot and glassy, and he detected the odor of an alcoholic beverage coming from the vehicle. The officer observed several small empty bottles of whiskey sitting on the floorboard. He took the driver’s car keys and began his DUI investigation. The driver refused to participate in Field Sobriety Exercises and was subsequently arrested. He also refused to provide breath. We filed a motion to suppress the stop and the arrest. At that hearing, the Court determined that the State’s only witness testified to the county but not the city. As a result of this, the State failed to prove that the Windemere Police Officer had jurisdiction to stop the Defendant. After winning the motion to suppress, the State subsequently dismissed the charges.
DUI & Criminal Division
