The Defendant was seen swerving in the road and not able to maintain a lane. She also stopped for several seconds and did not move when the light turned green. Upon being stopped the officer noticed an odor of alcohol, bloodshot/glassy eyes and the driver was chewing gum very rapidly. She stated she was not swerving and that she had nothing to drink. Her speech was slurred and slowed and questioned everything the officer asked of her. She consented to roadside tasks and performed poorly. After being arrested, the Defendant gave a breath sample of .081 and .080. The firm retrieved the videos of the driving pattern and the roadsides as well as the breath testing facility videos. After reviewing the driving patter, the Firm filed a motion to suppress alleging that the stop was not based upon reasonable suspicion. In addition to that, the Firm spoke with the State Attorney assigned to the case regarding the strength of the roadside video and the low breath reading. The day before the motion to suppress, the State of Florida agreed to dismiss the charges for Driving Under the Influence.
DUI & Criminal Division
