Driving Offenses Case Results (Part 2)

Internal Reference # 1060

Facts: On 2/16 at approximately 2106, Officer D responded to the location in reference to a hit and run accident involving 2 vehicles.

Upon arrival the Defendants vehicle was not on the scene (left the scene). Teletype check revealed the hit and run’s vehicle is registered to an address at another location not too far from where the accident occurred. Officer D later responded to the address and made contact with the vehicle’s owner who advised she was driving southbound on a road when vehicle 2 collided with her vehicle.

Contact was then made with Driver of Vehicle 2 who stated she was driving southbound when driver of vehicle 1 attempted to change lane and collided with her vehicle. Driver of vehicle 2 stated driver of vehicle 1 exited her vehicle and assessed the damage and told her not to report the accident. Driver of Vehicle 2 stated when she called the police. The defendant got into her vehicle and drove westbound. Driver of vehicle 2 stated that the defendant was an older white female.

There was no visible sign of injury.

Charges:

1. Accident with Property Damage, Leaving the Scene (1207-WHJ)
2. Improper Lane Change W/ Provisions/ Pulling Out In Front Of Vehicle Going In Same Direction (1208-WHJ)

Results:

1. Accident with Property Damage, Leaving the scene – Withhold of Adjudication and $60 fine
2. Improper Lane Change - dismissed

Internal Reference #2009

Facts: On 10/06 at 2016, Officer G arrived at a location to assist Officer B with a DUI investigation. Officer b explained that he had observed an SUV speeding and verified the speed at 56 in a 36. Once Officer B caught up to the car, which as stopped for a red light and turned on his emergency lights, the SUV continued driving and stopped in the right hand travel lane. The defendant was found to be the driver through his Florida Drivers License, only occupant. The defendant had the odor of an alcoholic beverage on his breath. The defendant’s eyes were red and squinty. The defendant fumbled when producing his driers license and subsequently dropped it. The defendant told Officer b that he had been at a bar and had two and then three Vodka tonics.

Officer G made contact with the defendant as he sat behind the wheel. Officer G made the same physical observations of him. The defendant advised that he had no illnesses or injuries and took no medication. Officer G asked the defendant to step from the car and he asked why. Officer G explained that he was conducting a DUI Investigation. The defendant said that he did not want to do anything because he knew he had been drinking. Officer G told the defendant that he appeared to be impaired and that if he did not do roadsides, then Officer G would be able to tell the courts that he refused. When asked, the defendant said that he understood and said there was no sense in him doing them.

Officer G explained that he was under arrest and asked him to step from the car. The defendant had difficulty taking off his safety belt and the unlocking the door when Officer G asked him to do so.

Once out of the car, the defendant was unsteady on his feet when walking.

Once at the BAT facility, the defendant refused to submit to testing after implied consent was read on video.

This was the Defendant’s second DUI and choose to accept the jail sentence rather than going to trial due to the Judge’s reputation for harsh sentencing.

Charges:

1. DUI Alcohol or Drugs 1 ^st Offense (316.193-2a2a)
2. Speeding State Posted (316.187(1)

Result:

1. DUI Alcohol or Drugs 1 ^st Offense (316.193-2a2a) – Adjudicated Guilty 10 days of county jail, 12 months probation, 50 hours community service, 30 days immobilization
2. Speeding State Posted (316.187(1) – Paid fine

Internal Reference #2022

Facts: Driving While License Suspended

Results: Driving While License Suspended – Dismissed

All Charges Dismissed

Internal Reference #2024

Facts: On June 15 at approximately 2:57 AM Trooper W was dispatched in reference to a crash. Upon Trooper W’s arrival, Trooper W observed the defendant standing besides his vehicle that had severe front end damage. Trooper W tehn spoke with a witness who stated that she observed the defendant swerving all over the roadway. The witness told Trooper W that she observed the defendant collide with another vehicle and continue to travel northbound on the highway. The witness then observed the defendants vehicle blocking the inside travel lane against the wall. The witness then observed the defendant attempt to put the vehicle in reverse and leave the scene. The witness provided Trooper W with a sworn handwritten statement. The defendant had a flushed face, bloodshot eyes, and slurred speech. Trooper W asked the defendant if he knew what the current time was and he replied, “2:00 am”. The actual time was 3:34 AM. The defendant agreed to submit to voluntary roadside exercises which were completed on the far left median northbound of the interstate which is a flat, blacktop surface, lit by street lights and Trooper W’s vehicle headlights. As the defendant stood, he swayed from side to side, front to back. The defendant walked to the front of his vehicle by staggering from side to side and almost fell over.

HGN: Equal pupils and able to follow stimulus. The defendant had a lack of smooth pursuit in both eyes. The defendant also had a distinct and sustained jerking in both eyes at maximum deviation. He had a distinct jerking in both eyes prior to a 45-degree angle. All six clues were observed.

WAT: The defendant was placed in the instructional stance and told not to move from that position until told to do so and he stated that he understood. The defendant almost fell over twice and had to be put back into this stance. First nine: Defendant missed heel to toe on all steps (more than ½ inch). The defendant did not raise his arms more than 6 inches and did not count out loud. The defendant took nine steps as instructed. Back nine: The defendant made a turn and then almost fell over and started to travel sideways almost falling into Trooper W. The defendant then started to walk back onto the line and was walking sideways missing all f the heel to steps. The defendant took a total of sixteen (16) steps instead of nine as instructed. The defendant stepped off of the line on steps 1 and 2. Five out of eight clues were observed.

OLS: The defendant wore his sandals to perform this exercise. The defendant was given the opportunity to remove them but stated that he wanted to keep them on. The defendant used his right leg to perform the exercise. The defendant did not raise his arms more than 6 inches but would not watch his toe as instructed. The defendant then placed his foot down on the ground three(3) times on counts 1001, 1006, and 1008. On count 1006 he almost fell over and had to use his arms to regain his balance. The defendant did exhibit the circular sway more than 2 inches. Two clues out of six were observed.

The defendant was palced under arrest for Driving Under The Influence of Alcohol, Chemical and/or controlled substance. The defendant was read the Florida Implied Consent while on video where hea greed to provide a breath/urine sample. The defendant was transported to a location where Operator G completd a DUI influence report and breathalyzer test. The test resulted in a reading of .196/.200. Trooper H handled the entire crash from start to finish

A can of Natural Ice 12 OZ. can was located on the driver side floorboard. The can was still cold and sweating.

Following the processing, the defendant was transported to the main jail.

Charges:

1. DUI – Second Offense (316.193(2A)(2B))
2. Open Container of Alcohol (Driver)(316.1936(2)
3. Leaving The Scene of a Crash W/Injuries (316.027(1)) Felony
4. Careless Driving (316.1925(1))

Result:

1. DUI – Second Offense (316.193(2A)(2B)) – Adjudication , 6 months probation, 6 months drivers license suspension, 50 hours community service, 10 day vehicle immobilization. Minimum sentence possible received.
2. Open Container of Alcohol (Driver)(316.1936(2)
3. Leaving The Scene of a Crash W/Injuries (316.027(1)) – Dismissed
4. Careless Driving (316.1925(1)) – Dismissed

Internal Reference #3008

Facts: On the above date and time, Officer R. observed a 2003 Toyota pickup truck backing up out of a parking space at the south parking lot of the hotel. The vehicle was being driven by defendant.

The vehicle backup almost struck Officer R.’s marked police vehicle. Officer R. had to blow his air horn in order to have the defendant stop. Officer R. then conducted a traffic stop. As Officer R. approached the vehicle, the defendant stepped out of the vehicle and stated “I am just trying to go home.” Officer R. could smell a strong odor of an alcoholic beverage emitting from the defendant’s breath, red bloodshot eyes, and slurred speech.

Officer R. could also see the defendant’s head swaing from side to side. Officer R. asked the defendant if he had been drinking and he replied that he had 4-5 beers. Officer R. also asked the defendant if he knew what time it was and he replied incorrectly.

Officer R. then asked the defendant if he would submit to roadside sobriety exercises to determine if he was able to operate a motor vehicle, and defendant responded that he would. Officer R. then asked the defendant if he had any medical condition that would hinder him from performing these tests, and which he stated “no, I just had surgery 3 weeks ago.” Officer R. then took the defendant to the side of the road away from traffic to a flat, well-lighted surface.

Horizontal gaze nystagmus:

• lack of smooth pursuit on both eyes
• distinct nystagmus at maximum deviation on both eyes
• onset of nystagmus prior to 45 degrees on both eyes

Walk and turn: Officer R. explained and demonstrated to the defendant on how to perform this exercise and he stated that he understood prior to him starting the exercise.

• could not keep balance while listening to instructions
• missed heal to toe
• stepped off the line
• used arms to keep balance

One leg stand: Officer R. explained to the defendant on how to perform this exercise and he stated that he understood prior to him starting the exercise.

• swayed while balancing
• used arms to balance (raised both arms more than 6 inches)
• put foot down before 30 seconds

Finger to nose: Officer R. explained and demonstrated to the defendant on how to perform this exercise and he stated that he understood prior to him starting the exercise.

• did not keep eyes closed
• failed to return arms to the side
• index finger did not touch nose

Officer R. then placed the defendant under arrest for DUI. The defendant was transported to the testing center for processing. While at the center, Officer R. read the defendant the implied consent on video. The defendant refused to submit to a breath test. Defendant was transport to the jail for processing. Defendant did not have any prior DUI convictions.

Process: Mr. Foley filed a motion to suppress the evidence obtained during the traffic stop on the basis that the defendant had fulfilled the requirements of Fla. Stat. § 316.1985 concerning the backing of a vehicle. Therefore, Mr. Foley argued, the officer did not have probable cause or reasonable suspicion to stop the defendant, referring to the officer’s deposition. The court granted Mr. Foley’s motion.

Charges:

1. DUI (first offense) (316.193(2A))
2. Improper backing (316.1985(2))

Result:

1. DUI (first offense) (316.193(2A)) – Dismissed
2. Improper backing (316.1985(2))

All Charges Dismissed

Internal Reference #3011

Charges: Driving While License Suspended With Knowledge

Result: Driving While License Suspended With Knowledge – Dismissed

All Charges Dismissed

Internal Reference #3012

Facts: On the above date and time, Trooper R. responded to a BOLO of a vehicle driving eastbound in the westbound lanes of the highway. Upon Trooper R.’s arrival, Sgt. S. had the defendant stopped and advised that he witnessed the defendant driving eastbound in the westbound lanes. Sgt. S. then state the defendant then cut across the median and parked on the south shoulder of the eastbound lanes. Sgt. S. initiated a traffic stop. For unknown reasons, the defendant placed his car in reverse causing his rear bumper to collide with the front bumper of the patrol vehicle.

Trooper R. began his criminal investigation upon the conclusion of the crash investigation. While speaking with the defendant, Trooper R. noticed a strong odor of an alcoholic beverage on his breath, bloodshot, glassy eyes, and he could not stand without support. Once Trooper R. completed his crash investigation, he advised the defendant of such and that he would now be conducting a DUI investigation. Due to the proximity to the lanes of travel and defendant’s unsteadiness, roadside sobriety exercises were not attempted. The defendant was placed under arrest based on Trooper R.’s observations up to this point and transported to the testing facility for processing. The defendant was asked to provide breath samples, to which he agreed. Completed the breath test with results of .264/.266, after completion of 20 minute observation.

Process: Mr. Foley filed a motion to dismiss/motion to suppress for failure to preserve. Because the officers had failed to preserve the video recording of the stop, Mr. Foley argued the evidence gathered during the stop should be suppressed. Motion to suppress was granted.

Previously, the Trooper failed to appeared. The State asked for continuance. Mr. Foley filed an Ore Tenus motion to strike the witness because the Trooper had failed to show for three previous trials. Mr. Foley approached the bench with a transcript of the judge saying he would strike the witness if he failed to show a third time. Judge granted motion to strike. State couldn’t proceed with case without key witness.

Charges:

1. DUI (first offense) (316.193-2A2A)
2. Driving with no driver’s license (322.03.1)
3. Reckless driving (316.192-1A)
4. Blood alcohol level over .20 with person under 18 (316.193-4B1)
5. DUI property damage (316.193-3C1)
6. DUI (first offense) (316.193-2A2A) – nolle prosequi
7. Driving with no driver’s licnese (322.03.1) - dismissed
8. Reckless driving (316.192-1A) - dismissed
9. Blood alcohol level over .20 with person under 18 (316.193-4B1) – nolle prosequi
10. DUI property damage (316.193-3C1) – nolle prosequi

All Charges Dismissed

Internal Reference #3013

Facts: Officer G. observed defendant enter the road from a side road without stopping while there was a steady red light. Officer G. observed defendant accelerate to 56 in 35 zone on the wet road.

Officer G. made a stop and found defendant to be the driver with no ID. Defendant had the odor of an alcoholic beverage on his breath. His eyes were red and glassy and his face was flushed. He advised that he had been at Georgi’s Alibi and that someone had stolen his car. That was odd as he was sitting in it. As Officer G. spoke with him, he learned someone had burglarized defendant’s car while he was drinking.

Officer G. had defendant step away from the car and explained that he was conducting a DUI investigation. Defendant advised he was not sick or injured. He spoke with a Brazilian accent and advised that was where he was from. Instructions and demonstrations were given for SFST.

- Horizontal gaze nystagmus – 6 clues

- Walk & Turn – parking lot, painted line, swaying during instructions and confused left and right feet, gap step, off line step 5, he stopped and advised that he was “a little drunk,” concluded task

- One leg stand – right foot up, down at 4, swaying after being reminded to raise foot again, raised arms

- Finger to nose – swaying during task, used side arm motion during task, pointed at me after touching nose, hand at nose until next request was made, left-bottom of nose, right-same, gave instructions again, same arm motions and touched bottom of nose each time with left/right/right/left

Based on his driving, appearance, and performance on SFST, it was my opinion that he was impaired. He was arrested.

The male passenger said he was too drunk to drive and wanted to walk home, declining an offer for me to call him a cab.

Once at the testing facility, defendant agreed to submit to a breath test after the first refusal portion of Implied Consent was read on video.

Breath test administered, registered .150/.145. His speech was mumbled and he was crying one moment and laughing the next.

Process: Mr. Foley filed a motion to suppress pre-arrest field sobriety exercises. Mr. Foley argued the officer did not request that the defendant complete field sobriety exercises, instead instructed him to do so. The court granted the motion.

Charges:

1. DUI (first offense)
2. Violation of posted municipal speed limit
3. Disobeying red light

Result:

1. DUI (first offense) – Nolle prosequi
2. Violation of posted municipal speed limit - Dismissed
3. Disobeying red light - Dismissed

All Charges Dismissed

Internal Reference #3015

Facts: On 5/3, while patrolling, Officer F observed a car traveling northbound with a cracked windshield. Officer F conducted a traffic stop on the vehicle.

Officer F made contact with the driver, who was later identified as the defendant by his Florida Driver’s license. Officer P responded as back up. Teletype revealed that the defendant’s driver’s license was suspended. Further investigation revealed that the defendant was arrested for DUI and as a result of it his driving privileges suspended. Officer F arrested the defendant for driving while license suspended with knowledge.

Search incident to arrest revealed a black plastic case with a dark blue glass pipe with suspect cannabis in it. There were several pieces of suspect cannabis inside the case as well. The suspect cannabis from the pipe and the case field-tested positive using a drug test kit. The black case was located under the driver’s seat.

Officer F also found a small trace of suspect cannabis all over the vehicle. The suspect cannabis also field-tested positive using a drug test kit. The suspect cannabis which was inside the case and the pipe were placed into evidence.

The defendant was transported to the police department where he was released on two Notices to Appear for Possession of Cannabis under 20 grams and on Notice to Appear for Possession of Drug Paraphernalia. Officer F also issued to the defendant two traffic citations for cracked windshield and driving on suspended license with knowledge. Officer F advised the defendant of the court date and time and also explained tot eh defendant the consequence of missing the court date.

Officer P inventoried the defendant’s vehicle prior to towing. The defendant was the sole occupant in the vehicle.

Charges:

1. Cannabis Possession Under 20 grams
2. Possession of Drug Paraphernalia
3. Driving While License Suspended

Result:

1. Cannabis Possession Under 20 grams - Dismissed
2. Possession of Drug Paraphernalia - Adjudication Withheld - The defendant received 3 months of probation
3. Driving While License Suspended – Adjudication Withheld – The defendant received 3 months of probation
4. The defendant received 3 months of administrative probation total for both charges of Possession of Drug Paraphernalia and Driving While License Suspended

No Jail and No Conviction

Internal Reference #3016

Facts: The defendant ran a red light at the location, then observed a traffic device while driving his car. A routine stop was conducted and upon contact with the defendant, Officer R observed bloodshot eyes, strong smell of alcoholic beverages from his breath. After the defendant exited the car, Officer R observed that the defendant had unsteady balance. Roadsides at scene. The defendant was arrested.

Charges:

1. DUI - Dismissed
2. Fail to Drive W/I Single Lane -Dismissed
3. Steady Red Light Veh/Fal/Stop – Dismissed

All Charges Dismissed

Internal Reference #3019

Facts: Officer N observed the defendant run a led light while operating his vehicle, and upon conducting a traffic stop and making contact with the defendant, Officer N could smell a strong odor of marijuana emitting from out of the vehicle. Officer N then asked the defendant if there was any illegal narcotics or weapons in the vehicle. He retrieved a small plastic baggie of marijuana from the visor of the listed vehicle (Drivers side), and a marijuana cigarette from the ash try. Officer n then took the defendant into custody and search incident to arrest, Officer N discovered a large plastic baggie of Valtox positive marijuana concealed in the defendants left pant leg, approximately 453 grams. Note that both the marijuana cigarette and the small baggie of marijuana also tested Voltox positive. The defendant was transported to jail and charged.

Charges:

1. Possession of Marijuana over 20 grams (893.136a(1c7)) Felony
2. Ran Red Light at Intersection (316.075(1c1))
3. Possession of Controlled Substance While Operating A Motor Vehicle (893.136A)) Felony

Result:

1. Possession of Marijuana over 20 grams (893.136a(1c7)) - 2 years Drug Offender Probation
2. Ran Red Light at Intersection (316.075(1c1)) – Dismissed
3. Possession of Controlled Substance While Operating A Motor Vehicle (893.136A)) – Dismissed

No Prison, No Jail, No Conviction

Internal Reference #5007

Facts: ∆ was driver and sole occupant of listed vehicle, which was traveling west. Officer observed the ∆ cross the lane dividing marker. Check of the tag attached to vehicle revealed the tag had expired. Officer then conducted traffic stop. Teletype check of ∆ revealed license was suspended and had been classified as habitual traffic offender (license revoked 60 months.) ∆ placed under arrest and transported to station.

Charges:

Driving while license revoked (322.34(5)) Felony

Result:

Driving while license revoked (322.34(5)) Felony – Pled No Contest, Adjudicated Guilty, sentenced to 18 months probation.

No jail or prison time

Internal Reference # 5008

Facts: Officer observed listed vehicle traveling south at high rate of speed. Conducted a vehicle pace and verified vehicle’s speed was 50 mph in a 25 mph zone. While traveling south, vehicle ran the stop signs. Vehicle then made several evasive maneuvers and pulled into driveway, at which time officer contacted the driver, who stated his name. ∆ was unable to produce ID and stated license was “taken away by police.” Teletype confirmed ∆’s driver’s license was suspended indefinitely for failure to pay fines. ∆ confessed he drove into stranger’s house in attempt to hide. ∆ was arrested and transported to jail.

Charges:

1. Driving with suspended license
2. Expired driver’s license more than 4 months
3. Expired tag

Process: The courts logic in adjudicating the defendant guilty was that he had one prior operating a motor vehicle. One expired DL 4 months or less, one driving while license cancelled or revoked, another driving while license cancelled or revoked, another expired DL more then 4 months and had 15 failure to appear on traffic tickets. Accordingly, Mr. Foley could not convince the state or the judge to do anything but give him adjudication. However, Mr. Foley still was able to keep the defendant off of probation.

Result:

1. Driving with suspended license – no contest, adjudicated guilty
2. Expired driver’s license more than 4 months – no contest, adjudicated guilty
3. Expired tag – dismissed

No Jail No Probation

Internal Reference #5011

Facts:

∆ had multiple prior traffic infractions.

Charges: Knowingly driving with license suspended (322.34(2))

Result: Knowingly driving with license suspended (322.34(2)) – dismissed

All charges dismissed

Internal Reference #5020

Process: Mr. Foley filed a motion to withdraw.

Charges: Knowingly Driving with Suspended License

Result: Motion to Withdraw Granted