DUI/DWI Case Results (Part 2)

Internal Reference #1056

Facts: Upon Arrival, Deputy H contacted Deputy HI, who stated he was of-duty travelling N/B on state rd #7 and stopped for the red light when a vehicle also traveling N/B on State Rd #7 directly behind him failed to stop and hit the rear of his marked police car. Deputy Hi said he contacted the drier and only occupant. While talking with the defendant he observed the following signs of impairment: glassy eyes and slurred speech. He said the defendant spontaneously stated that her boyfriend just broke up with her and that his new girlfriend is pregnant. Deputy Hi also said that the defendant stated she had been drinking and had 2 or 3 vodkas. Deputy Hi identified the defendant and only occupant of the vehicle that him to Deputy H.

Deputy H contacted the crash investigator(Deputy P) who stated during his investigation it was determined that while traveling N/B on State Road #7 the marked unit stopped for a red light and that the second vehicle failed to stop and hit the rear end of the marked unit causing damage to both vehicles. Deputy P stated while talking with the defendant he observed the following signs of impairment. : an odor of an alcoholic beverage emitting from her breath, bloodshot eyes, slurred speech and “Rambled” when talking. He said when the defendant was asked what happened as far as the crash she spontaneously stated she had been drinking, then she didn’t hit the brakes in time.

Deputy H then looked at the crash scene. The damage was consistent with the crash investigation and witness statement. The rear of the marked unit had damage and the front of the Lexus sustained damage. Both vehicles were still in their lane of travel just south of the intersection/traffic light. The traffic light was functioning properly.

Deputy H then contacted the defendant, who was sitting in the driver’s seat of her vehicle. While talking with the defendant, Deputy H observed the following signs of impairment: an odor of alcoholic beverage emitting from her breath, glassy/bloodshot eyes, slurred speech and lethargic movements. As she exited her vehicle, Deputy H noticed that she used the driver’s side door for support. Deputy H also noticed that she had urinated on herself. She then asked if she could use the restroom to clean up, Deputy H walked with her to the gas station across the street. She did not take anything into the restroom with her and was in there approximately a minute and a half. Deputy H did notice as he walked that she was unsteady on her feet. After making observations of impairment while talking with the defendant who was identified by an independent witness(other then the crash investigator), Deputy H explained that the other deputy was conducting the crash investigation and that he had nothing to do with it. Deputy H also explained that he was there to conduct a DUI investigation and asked the defendant if she understood and she stated that she did(re-explained on video a second time.) After making Deputy H’s observations, he requested the defendant to submit to the standardized field sobriety exercises, which she did with the following results( No injuries, illnesses/medications: Ambien for sleep/glasses.) SFSE’s conducted under the covered awning at the gas station.

• Horizontal Gaze Nystagmus(HGN):(6/6)
  • (Equal pupil size/equal tracking/no resting nystagmus)
  • Lack of smooth pursuit in both eyes
  • Eye-nystagmus distinct and sustained at maximum deviation in both eyes
  • Eye-nystagmus distinct prior to 45 degrees in both eyes
  • Kept moving head and had a hard time following the stimulus

• Walk and Turn: (4/8)
  • Lost balance while listening to instructions
  • Subject paused while walking(at turn)
  • Stepped off line (once second nine steps)

• One Leg Stand(2/4)
  • Swayed while balancing
  • Put foot down(2 times)

• Finger to Nose: (2/5)
• Did not keep eyes closed
• Missed finger to nose (Missed all three rights, using the middle, opposite side & opposite side and all three lefts, using the middle, under & under)

After being arrested the defendant was asked if she would provide a breath sample, she stated she would take a breath test. After being transported to the BAT unit, the defendant asked what would happen if she refused. At 2145 hours, Officer H read her the Florida Implied Consent Warning (asking for breath only), explained it to her and asked f she understood what was read, she stated that she did. Deputy H again asked if she would provide a breath sample, she said she would take the breath test. The defendant then provided two valid breath samples with the following results: First sample: 0.162g/210L, Second sample: 0.164g/210L.

The defendant was arrested and charge with:

1. DUI Alcohol or Drugs 1 ^st offense
2. DUI with damage to prop or person of another
3. Dui ubal.15 or accom by person<18yoa
4. Fail To Use Due Care

Process: Case was prepared for trial and Mr. Foley was looking forward to cross examining the police officers on the stand. There was corruption and several issues that a jury could hang their hat on. A supervisor intervened and offered a reduced charge. It was the client’s choice to accept the withhold but it was a wise choice because it is always a risk to go to trial.

Results: Charge 1 DUI – Reduced to Reckless Driving, Withhold Adjudication , 6 Months Administrative Probation. The remaining charges were dismissed.

Internal Reference #1059

Facts: While on Interstate patrol, Trooper M was running rear stationary radar on the left shoulder of northbound interstate 95. Trooper M observed a black vehicle, later identified as a black 4 door Volkswagen with Florida tag traveling northbound at a high rate of speed. The radar counting unit showed a speed of 92 miles per hour in a 65 miles per hour zone. Trooper M then put his fully marked F.H.P. patrol unit with light bar, in drive in an attempt to catch up with the black Volkswagen. When Trooper M was able to catch up the vehicle, e observed the vehicle swerved side to side while traveling northbound in the right center lane. Trooper M then active his emergency lights to conduct a traffic stop on the vehicle. They both stopped on the right shoulder. As Trooper M walked to the driver of the vehicle, the only person inside, he met with the defendant, identified by her Florida driver’s license. Trooper M smelled an odor of an alcoholic beverage emitting from the defendant. The defendant had slurred speech, was slow to answer questions, and had blood shot watery eyes. Trooper M then had the defendant exit her vehicle. As he was speaking with the defendant, she was unsteady on her feet. Trooper M then asked if she would perform sobriety exercises. The defendant agreed. The first exercise was the Horizontal Gaze Nystagmus. During the exercise, the defendant had rapid pupil movement, and was unable to keep her head still as instructed. The Second exercise was the walk and turn. During the exercise, the defendant did not keep heal to toe on all the first nine steps, slow to make the required turn, then forgot to walk nine heel to toe steps back. The Third Exercise was the One Leg Stand. During the exercise, the defendant was unable to keep her right foot off the ground six inches, putting her foot down four different times and raised her arms to keep balance.

Trooper M placed the defendant under arrest for Driving Under the Influence. Trooper D then transported the defendant to the B.A.T center. While on video, Officer M read Florida’s Implied Consent to the defendant to ask her to submit to a breath test. The defendant agreed to take the breath test. Two breath samples were taken with results of .207 and .190 G/210 L. Trooper M then transported the defender to the jail.

The defendant was arrested and charged with Driving Under The Influence (316.193.2A2A) and Unlawful Speed (316.187(2)(B).

Process: Mr. Foley filed a Motion to Suppress the stop for lack of probable cause. During the course of depositions, the police officer indicated that he was unaware of the testing procedure for the certification of his radar gun. The deposition of the company that actually certifies the radar gun was taken and was found that certain protocols were not exactly followed. Ultimately, the motion was not argued because the officer had indicated during sworn testimony that they visually estimated the car the be doing more than 20 miles an hour over the speed limit. Therefore, the Motion to Suppress could not go forward and get good faith and was withdrawn. The defendant opted to take the plea rather than risk a trial.

Results: Mr. Foley negotiated with the prosecutor and the defendant plead No Contest to both charges. The judge accepted the plea and sentenced the defendant to 9 months probation, 6 months license suspension, 10-day immobilization, and court costs. The win in this case is that the defendant not only avoided any jail time but also avoided the maximum probation time.

Internal Reference #1067

Facts: At 9/25 at approximately 2208 hours, the defendant did commit Driving Under The Influence to wit:

Officer L was dispatched to the location where the caller advised a white male wearing a red football jersey was intoxicated and about to enter his vehicle. The caller advised the male purchased two beers at the gas station.

Upon arrival, the caller was in the gas station parking lot and pointing toward a red mustang that was travelling at a high rate of speed west through the parking lot. Officer L observed the vehicle not stop at the stop sign in the parking lot at the entrance and exit to the road, and continue towards an exit. The vehicle turned north on a road where Officer L conducted a traffic stop utilizing her overhead lights to prevent any further traffic infractions at a major intersection. Officer L made contact with the driver, later identified as the defendant by his Florida Drivers License. Officer L immediately noticed the strong odor of an alcoholic beverage coming from the defendant’s vehicle. On the back passenger’s seat of the vehicle in plain view were two beer cans the defendant just purchased from the gas station. Officer L asked the defendant for his driver’s license, registration, and proof of insurance. The defendant was able to give his drivers license. Officer L had to ask four times for him to find the registration for the vehicle.

Officer L asked where the defendant was coming from, and he stated the gas station. The defendant told Officer L that a guy at the gas station was yelling at him, “I have Kids”. Officer L asked the defendant what that meant, and the defendant said he got into an argument with the guy and the guy kept yelling at him, “I have kids”. Officer L asked the defendant why he got into an argument with the guy and the defendant said, “Because he didn’t want me to drive fucked up.” Officer L asked the defendant if he was intoxicated, and the defendant responded “Not Really”. The defendant said he was at a friend’s house and had been drinking.

The defendant’s speech was slurred, and he stumbled over his words while attempting to put his sentences together. The defendant’s eyes were bloodshot and watery and his face was flush.

Officer L asked the defendant to step out of the vehicle. The defendant exited the vehicle, and stumbled almost falling into the side of his vehicle. Officer L asked the defendant if he would be willing to try some sobriety tasks. The defendant said, “No because I will fail”. Officer L asked the defendant if he would be willing to give a sample of his breath when they got back to the police department. The defendant said, “No because I will fail.”

The defendant was arrested. While walking the defendant to Officer L’s vehicle, he stumbled to the right and then to the left where he fell into the side of Officer L’s vehicle knocking the side view mirror out of place. The defendant was transported to the police station for processing. The defendant’s vehicle was parked in the parking lot.

The defendant as taken into the DUI room at the police department, which is video recorded. The defendant refused to perform sobriety tasks. The defendant was asked to submit to a lawful test of his breath, and the defendant refused. The defendant was read implied consent to submit to the lawful test of his breath, and he again refused. The defendant was issued a Florida DUI Uniform Traffic Citation for refusing DUI tests.

It should be noted that the defendant was convicted of Driving while Intoxicated in another state prior.

Charges: DUI 2 ^nd Conviction (316.193(2A)(2B) and Refusal to Submit to DUI Test (316.1939-1E).

Result:

1. DUI 2 ^nd (316.193(2A)(2B) – Charged Reduced to Reckless Driving , Adjudication, 6 months probation, DUI school, 10 days of vehicle immobilization, 12 months interlock, and 50 hours of community service.
2. Refusal to Submit to DUI Test (316.1939-1E) – Dismissed

Internal Reference #1069

On 2/27 at about 1:04 Deputy P was on a traffic stop on Sr 7 just north of a road, The defendant was observed driving the above vehicle south on Sr 7 he failed to move over or slow down for the police cars along the side of the road. He than ran through the steady red light on a road.

A traffic stop was conducted just north of the Sawgrass Expressway. Upon contacting the defendant, Deputy P made observations consistent, with the defendant being impaired by alcohol and requested a DUI investigation.

Officer B arrived at about 0125 and contacted the defendant. The defendant leaning against the rear of his SUV. Officer B observed that the defendant had red watery eyes, flushed face, slurred speech and the odor of an alcoholic beverage coming from his breath. Officer B asked the defendant routine questions and he first stated that he had nothing to drink and then Officer B asked him to submit to roadside, which were conducted in the left lane.

The first exercise was HGN. Both eyes lacked smooth pursuit, the was jerking at maximum deviation and the onset of jerking prior to maximum deviation.

The next exercise was walk and turn. The defendant’s heel missed toe on 4 steps. The defendant took the wrong number of steps ands tumbled while turning.

The last exercise was finger to nose. The defendant’s eyes did not remain closed and eh missed the tip of his nose on 4 of 6 attempts.

The defendant was arrested and asked to submit to breath testing which he refused. Officer B advised the defendant of implied consent warnings and he maintained his refusal.

Officer B transported the defendant to the police station were paperwork was conducted and then the defendant was transported to the main jail.

The defendant was arrested and charged with:

1. DUI Alcohol or Drugs 1 ^st offense (316.193-2a2a)
2. Pers/Inj/Prot/Ins Require (316.646(1))
3. Disobey/Avoid Red Light (316/075(1)(C)1)
4. Veh Ftryrow Emergency Vehicle (316.125(1))
5. Possession of Open Container in M/V Drive (316.1936(2)(A))

Process: Motion to Suppress was filed for Lack of Probable Cause and Illegal Detention. During the Motion to Suppress, it became evident that the officer’s knowledge was lacking and there was confusion between this case and others. Mr. Foley made an Ore Tenus motion to strike the witness after voir dire’ing him and the motion was granted. Since the key witness, the stopping officer in the case was striken, the state could not proceed forward and the judge granted the Motion to Suppress.

Results:

1. DUI Alcohol or Drugs 1 ^st offense (316.193-2a2a) - Dismissed
2. Pers/Inj/Prot/Ins Require (316.646(1)) – Dismissed
3. Disobey/Avoid Red Light (316/075(1)(C)1) - Dismissed
4. Veh Ftryrow Emergency Vehicle (316.125(1)) - Dismissed
5. Possession of Open Container in M/V Drive (316.1936(2)(A)) – Dismissed

All Charges Dismissed

Internal Reference #1082

Facts: While on Routine patrol northbound on a road approaching another road. Officer H had occasion to observe the Ft Lauderdale PD working on a motor vehicle crash at that intersection. Officer H stopped to assist with traffic and Officer D made contact with Officer H and requested a DUITF unit to respond. Officer H advised the other officer that he was a DUITF deputy and Officer D asked Officer H to conduct a DUI investigation. The officer advised that she could not smell anything due to the breezy condition but stated that the defendant had slurred speech and was unstable on his feet and had difficulty getting up off of the ground.

Prior to making contact with the suspect, Officer H conducted an independent crash investigation observing the damage to the two vehicles front ends. Officer H was advised by a witness and the driver of the second vehicle that the suspect was eastbound on a road, ran the red traffic signal (outside lane of travel, eastbound) and struck the victim vehicle that was westbound making the left turn to go south on a road (striking the victim vehicle head-on).

Officer H then had the victim and Witness fill out witness statements

Officer H then made contact with the suspect (standing)

Officer H then made contact with the defendant (standing) after fire rescue and finished examining the suspect and the suspect stated several times that he was refusing medical treatment. Officer H conduced HGN with the below observations. After the HGN, Officer H advised the defendant that he was conducting a DUI investigation and requested the defendant to submit to a roadside sobriety exercise, which the defendant agreed to perform(asphalt roadway, yellow painted line used) as follows:

HGN: Glasses, N, Had nothing to drink, No meds

Lack of Smooth Pursuit

Distinct Jerking Max Deviation

Onset prior to 45-degree/ vertical nystagmus present

Walk and Turn: 10/10

Did not hold instructional stance

Not heel to toe F1,3,5,7,9,B1,2,3,5,6,7,9,10

Stepped off the line F5,6,B2,6,7

Finger to Nose

L. Up Only Reinstruct

R. Touched Upper Lip

L. Touched Tip or nose

R. Bent Arm at Elbow, touched tip or nose

R. Bent arm at elbow, touched middle of finger to tip of Nose

L. Bent Arm at Elbow, touched tip or nose

The defendant was advised that he was under arrest for DUI, and was taken into Custody, and was asked to take the breath test, which the suspect agreed to take, results - .210/.216 BRAC.

At the scene the suspect gave his fathers name for his

Officer H observations: Odor of an alcoholic beverage on the suspect’s breath, bloodshot glassy eyes, flushed face, slurred speech.

The defendant was arrested and charged with:

1. DUI First Offense (316.193/2A2A)
2. DUI Crash Property Damage (316.193)
3. DL Not Carried (322.15)
4. Ran Red Traffic Signal (316.075/1C1)
5. Breath Test Over .150 BRAC (316.193/4B1)

Results:

1. DUI First Offense (316.193/2A2A) – Adjudicated, 12 months probation (minimums)
2. DUI Crash Property Damage (316.193) - Dismissed
3. DL Not Carried (322.15) - Dismissed
4. Ran Red Traffic Signal (316.075/1C1) - Dismissed
5. Breath Test Over .150 BRAC (316.193/4B1) - Dismissed

Internal Reference #1083

Facts: On Sunday, 4/3 at approximately 0417 hours, while on routine uniform patrol in a marked vehicle, Officer K was dispatched to the location in reference to a DUI investigation.

Upon arrival, Officer K contacted Deputy W, who stated he responded to the listed location reference to a crash. While speaking with the driver (later identified as the defendant) who was driving a car bearing a Florida tag that was involved in the crash, Deputy W observed the following signs of impairment: Odor of an alcoholic beverage emitting from his breath, slurred speech and glassy/red eyes. The defendant was also off balance and staggering as he walked. When the defendant attempted to sit on the guardrail he fell over backwards.

Officer K then contacted the witness who stated he was sleeping when he heard a big crash then came outside where he observed both vehicles that were involved in the crash. He said one passenger had exited from one of the vehicles. The other vehicle’s both occupants were still inside. Deputy W observed the driver trying to start the vehicle. Deputy W identified the vehicle as well as the driver who was involved in the crash as the defendant to the reporting Deputy.

The driver of the other car was transported to the hospital for injuries sustained in the crash

Officer K then contacted the driver, who identified himself as the defendant (sitting outside vehicle-guard rail). While talking with the defendant, Officer K observed the following signs of impairment: an odor of alcoholic beverage emitting from his breath, bloodshot eyes and a flush face. The subject swayed while standing and was unsteady while walking. After making these observations, Officer K requested the driver to submit to the standardized field sobriety exercises, which he did with the following results: (No injuries/illnesses/medications)

• Horizontal Gaze Nystagmus (HGN): (6/6)
  • (Equal tracking/ Equal pupil size/ no resting nystagmus)
  • Lack of smooth pursuit in both eyes
  • Eye-nystagmus distinct and sustained at maximum deviation in both eyes
  • Eye-nystagmus distinct prior to 45 degrees in both eyes

• Walk and Turn (5/8)
  • Subject paused while walking
  • Did not touch heel-to-toe
  • Stepped off line
  • Raised arms for balance
  • Incorrect turn (subject did not turn as instructed)

• One Leg Stand: (4/4)(Right)
• Swayed while balancing
• Raised arms for balance
• Hopped while balancing
• Put foot down(2 times)

After being arrested the defendant was asked if he would provide a breath sample, he stated he would take a breath test. After being transported to the BAT unit, the defendant provided two breath samples with the following results: First Sample: 0.126g/210L, Second Sample: 0.117g/210L

The defendant was arrested and charged with:

1. DUI Alcohol or Drugs 1 ^st Offense (316.193-2a2a)
2. 3 Counts of DUI with Damage to Property or Person of Another (316.193-3c1)
3. Fail to Use Due Care (316.185)

Process: Mr. Foley filed a Motion to Suppress based on lack of reasonable suspicion to detain the defendant for DUI and lack of probable cause to arrest the defendant. Additionally, Mr. Foley filed a motion to strike the accident-investigating officer, which was granted. Soon thereafter, the state stipulated to the motion and dropped the charges.

Result:

1. DUI Alcohol or Drugs 1 ^st Offense (316.193-2a2a) - Dismissed
2. 3 Counts of DUI with Damage to Property or Person of Another (316.193-3c1) - Dismissed
3. Fail to Use Due Care (316.185)(Traffic Infraction) – Withhold of Adjudication. $65 fine.

Internal Reference #1084

Facts: On 11/13, at approximately 2201 hours, Sgt L was traveling eastbound and entered onto the I595 entrance ramp. He began to travel in the middle lane. Sgt L observed a vehicle quickly approaching his, traveling behind him tailgating him. Sgt. L was in a marked police car. The vehicle then abruptly swerved to his right and passed him and swerved back in the middle lane, just in front of him. Sgt L stated that the defendant was again tailgating the vehicle in front of him. The defendant then swerved into the left lane to pass the vehicle. Sgt. L stated that other motorist had to slam on their brakes due to the defendant cutting them off. Sgt. L stated that the driver then accelerated and continued his aggressive driving pattern. Sgt. L stated that he visually estimated the river’s speed to be approximately 85-90 mph. Sgt. L attempted to catch up to the vehicle, however, due to traffic was unable to safely catch up to him until later. Sgt. L stated that the driver began to tailgate Officer L’s police vehicle. Sgt. L stated that due to him slowing down, he was able to catch up to him and initiate a traffic stop on the vehicle for his erratic and aggressive driving pattern.

Sgt. L made contact with the driver, later identified as the defendant by his Florida driver’s license. Sgt. L observed the defendant to have glassy, bloodshot and watery eyes. He requested the defendant’s driver’s license. The defendant retrieved his wallet and even though his driver’s license was visible, the defendant passed over it several times. After several moments, Sgt. L told him where his driver’s license was, however, he again was unable to find it for several moments. Sgt. L could also smell the odor of an alcoholic beverage coming from his mouth and facial area as he spoke. He then requested a DUI camera equipped car to respond to his location. Officer F responded for the investigation. Sgt. L then requested that Officer C respond.

Upon Officer C’s arrival, Sgt. L advised her of his driving pattern and physical observations. Officer C then approached and met with the defendant. She observed that the defendant had bloodshot, watery, and glassy eyes. Officer C introduced herself to the defendant and also could smell an odor of an alcoholic beverage coming from his facial area as he spoke. Officer C asked the defendant where he was coming from and he stated a football game. Officer C then asked him if he had anything to drink and he stated 3 or 4 beers. Officer C then determined to conduct a DUI investigation. Officer C asked the defendant to exit his vehicle and instructed him where to walk to so that she could further speak to him and ask him to consent to field sobriety exercises. Officer C requested the defendant to walk with her over to the side of the road and the defendant complied. Officer C then asked the defendant where he was coming from and he stated a friend’s house in Pines. Officer C then asked him where he was prior to that and he stated a football game. Officer C asked him what he had to drink and he stated 3 or 4 beers. She asked him what kind and he stated Coors Light in cans. Officer C then asked when the last time he ate and he stated at 1230 and 4:30. Officer C then asked him when he first started drinking and he stated at about 12:00 and his last drink was about 4:00 to 4:30. Officer C asked if he was taking any medication and he stated no. He did not take any illegal drugs and was not under a doctor’s care. Officer C did state that he had prior knee surgeries, however, nothing that would prevent him from being able to perform field sobriety exercises. Officer C then requested that he perform field sobriety exercises and he stated that he would.

Officer C then performed HGN on the defendant. The defendant had all three clues in both eyes (Lack of Smooth Pursuit, Nystagmus at maximum Deviation, and Onset Prior to 45 degrees). During the exercises, the defendant began to sway back and forth. Officer C noticed that the defendant had bloodshot, watery, and glassy eyes.

Officer C then instructed the defendant on how to perform the One Leg Stand. The defendant stated that he understood the instructions. The defendant raised his right leg. He utilized his arms for balance, more than 6 inches from his side. The defendant improperly counted by skipping numbers(1000-1000-12,1000-11,1000-12). He also placed his foot down due to losing his balance on counter number 15. The defendant also failed to look down at his foot as he was counting as he was instructed to do.

Officer C then instructed the defendant on how to perform the Walk and Turn exercise. She instructed the defendant to stand with his left foot on the line and the right foot in front of his left with his hands down by his side. Officer C instructed the defendant to maintain that stance during the instructions. The defendant stated that he understood. During the instructions, the defendant lost his balance and could not maintain his balance during the instructions. It took the defendant several moments to be able to place himself back into the proper stance. Once Officer C completed the instructions, she asked the defendant if he stood and he stated yes. The defendant began and Officer C observed the defendant miss heel to toe on steps forward 4,6, and 8. The defendant made an improper turn by just turning around and not taking small steps around as instructed. He missed heel to toe steps back on steps 4, 5, and 6.

Due to the defendant’s poor performance of the exercises, Officer C determined that the defendant was under the influence to the extent that his normal facilities were impaired. Officer C then placed the defendant into custody. Officer C asked that he consent to a breath test and he first stayed yes, and then no. Officer C then read Implied Consent to the defendant from a pretext card. The defendant then stated that he would take a test of his breath for the purpose of determining its alcoholic content. The defendant was then transported to the police station for booking by Officer F. Officer F completed a breath test and provided Officer C with the results. The first breath was a .207, the second breath was .186, and a third breath was a .203.

The defendant was arrested and charged with:

1. DUI (1 ^ST Offense)(316.193(2)(A)(2)A)
2. License Suspended W/O Knowledge(323.34(1))
3. Careless Driving(316.1925(1))

Results:

1. DUI (1 ^ST Offense)(316.193(2)(A)(2)A) – Adjudicated, 6 months probation
2. License Suspended W/O Knowledge(323.34(1)) - Dismissed
3. Careless Driving(316.1925(1)) – Dismissed

Internal Reference #1087

Facts: While on routine patrol, a bolo was given by dispatch regarding a vehicle driving northbound in the southbound lanes. Driving southbound with emergency overhead lights and siren activated on Officer D’s patrol car, Officer D continued to get updates from dispatch as to the location of the defendants vehicle heading northbound, which was in the inside lane(left lane). As Officer D approached a left curve in the roadway, he observed the defendants vehicle approaching northbound in the inside southbound lane. Moving over to the center lane, the defendant’s vehicle moved over to the left paved shoulder and slowed to a stop. Stopping on the left shoulder south of the defendant’s vehicle, Officer D reversed backwards to the front of the defendant’s vehicle. Exiting his patrol car, Officer D approached the defendants driver’s doors observing the defendant behind the wheel. Officer D motioned to the defendant to exit from the vehicle. Officer D explained to the defendant why he stopped her vehicle and requested the defendants drivers license. The defendant and Officer D walked back to her vehicle to retrieve her license from a black purse, observing the defendant unsteady on her feet. The defendant was fumbling through her wallet to get her license. While conversing with the defendant at roadside, Officer D observed the defendant to have an odor of an alcoholic beverage coming from her breath along with bloodshot eyes and flushed face. Officer D requested the defendant to perform some free and voluntary roadside tests to determine if she was DUI. The defendant agreed.

First Test: HGN: The defendant had lack of smooth pursuit in both eyes, had HGN prior to 45-degree onset and at max deviation.

Second Test: Balance: The defendant sway side to side, opened eyes 2 times

Third Test: One Leg Stand: The defendant performed test correctly.

At the completion of the roadside tests, Officer D placed the defendant under arrest for DUI and secured the defendant in his patrol car.

Sgt. C arrived on the scene to assist Officer D with inventorying the defendant vehicle. Officer B was also on-scene as a backup to Officer D. Trooper M assisted Officer D by working a traffic crash caused by the defendant when traveling northbound. While enroot to the BAT facility, the defendant advised Officer D that she knew what she was doing by driving the wrong way and these last 2 weeks have been the worst of her life, due to a family friend passing away. (Breath Test Results: .162/. 158.). After Officer D completed the paperwork for booking, the defendant was transported to the main jail in Ft. Lauderdale. Implied Consent Warnings were read by Officer D on video and Miranda Warnings were read by Officer R.

The defendant was arrested and charged with:

1. DUI(316.193.2a2a)
2. DUI Property Damage(316.193.3c1)
3. Careless Driving(316.1925.1)

Results:

1. DUI (316.193.2a2a) - Adjudication, 6 months (minimums)
2. DUI Property Damage (316.193.3c1) - Dismissed
3. Careless Driving (316.1925.1) - Dismissed

Internal Reference #1096

Facts: On 2/4 at approximately 0233 hours, Officer K responded to a location in reference to a traffic stop. Officer U conducted a traffic stop on a car for speeding. Officer U advised he paced the above vehicle with his marked police vehicle. He advised the vehicle was traveling north. He advised the vehicle was traveling at a speed of 62MPH in a posted 45 MPH zone.

Officer U advised he conducted the traffic stop on the vehicle and made contact with the driver. He advised once making contact with the driver later identified as the defendant, Officer K noticed the defendant to have glassy bloodshot eyes and an obvious odor of an alcoholic beverage coming form his facial area as he spoke to him. He advised the defendant told him he was coming from a casino and had two drinks.

Officer K made contact with the defendant and while speaking to the defendant, he could detect a strong obvious odor of an alcoholic beverage emitting from his facial area as he spoke. Officer K also noticed the defendant to have slurred speech, and glassy bloodshot eyes. Officer K requested the defendant o step out of the vehicle. Once the defendant exited the vehicle, he swayed noticeably in front of him as they spoke.

Due to Officer K’s observations of the defendant and his driving pattern, he requested a DUI camera respond to his location. No camera was available.

Officer K informed the defendant that he was stopped for speeding and due to Officer K’s observations of him and the observations of his driving pattern, he was now conducting a DUI Investigation. Officer K requested that the defendant submit to some voluntary roadside sobriety exercises and the defendant refused. Officer K advised the defendant if he refused, Officer K would have to base his decision solely on his observations of his person and the observations of his driving pattern on making an arrest for DUI. The defendant advised he understood but still refused. Upon completion of Officer K’s investigation, he placed the defendant under arrest for DUI. Officer K believed that the defendant was operating a motor vehicle under the influence of an alcoholic beverage to the extent that his normal facilities were impaired. Officer K informed the defendant that he was under arrest for DUI and requested that he submit to a test of his breath to determine its alcohol content. The defendant refused and Officer K read him Implied Consent from a prepared text. The defendant advised that he understood what Officer K had read to him but still refused. The defendant was transported to the police department and then transported to jail.

Charges:

1. DUI 1 ^st Offense (316.193(2)(A)(2)A)
2. Speeding (316.189)

Results:

1. DUI 1 ^st Offense (316.193(2)(A)(2)A) – Reduced to Reckless Driving
2. Speeding (316.189) - Dismissed

Internal Reference #1116

Facts: While en route to back up a fellow officer on a traffic stop, Officer H was traveling eastbound. Officer H observed a vehicle pass him in the center through lane at what appeared to be a high rate of speed(visual estimate 72 MPH in a posted 40 MPH zone). Officer H activated his stalker radar and received a high pitched audio Doppler tone consistent with the speed and a digital reading of 70 MPH. A second vehicle also passed Officer H at 55 MPH. Officer H activated his emergency equipment and attempted t perform a traffic stop on both vehicles. Both vehicles finally came to a stop in a parking lot. The driver/sole occupant of one of the cars exited his vehicle of his own accord and refused orders to sit back in the vehicle. Officer H approached him, the driver identified himself by his Florida Drivers License as the defendant. Officer H detected a strong odor of what appeared to be an alcoholic beverage coming from his breath/person as he stood approximately three feet away. The defendant’s eyes were bloodshot/water, his face appeared flushed, and his speech appeared slurred. The defendant leanred against his vehicle for balance. Due to the defendants possible impairment and for officer safety, Officer H utilized his officer discretion and released the second vehicle from the scene. The defendant responded to questions, stating that he had consumed one rum and coke while at dinner at approx. 1830 hours. The defendant first stated that he did not take any medication/narcotics. He then stated that he had high blood pressure and took Caterex for it. The defendant advised that he did not have any other medical/physical conditions, had not hit his head in the last two days, had not been to a doctor/dentist in the last two days, did not wear glasses/contacts, and had seven hours of sleep the night before. Officer H ran his tag and license while awaiting for backup. Upon backup arrival, Officer H requested that the defendant participate in roadside sobriety exercises, and he consented. The exercises were conducted in a flat level, well-lit parking lot using blue tape for the walk/turn. The defendant was wearing a black shirt, grey pants, and black hiking boots. The results were as follows:

HGN: He swayed in place. He had equal tracking and pupil size and Officer H did not observe resting Nystagmus. Offier H observed a lack of smooth pursuit in both eyes, distinct and sustained Nystagmus at maximum deviation, and onset of Nystagmus prior to 45 degrees in both eyes(6 of 6 clues).

Finger/Nose: The defendant failed to maintain eyes closed and pointed his right hand at Officer H and held it in front of him for approx. 10 seconds. Officer H told him to do the exercise as explained and he could not. Officer H stopped the exercise, explained it again, and had him perform it with him. The defendant stated that he understood and they began again. He failed to maintain eyes closed, failed to point forward on all counts, touched the side of his nose on L1, and touched his nose with the second knuckle on all counts (2 of 4 clues)

OLS: Before they started, the defendant advised that he had bursitis in his shoulders and hips. The defendant did the exercise incorrectly several times(bending his knees), raised his arms to approximately shoulder height to maintain balance and placed his foot down repeatedly. Officer H stopped the exercises and re explained it and began again. The defendant again raised his arms for balance, placed his foot down on #5, switched legs, placed down on #5, switched legs, placed foot down on #10, switched legs, placed foot down on #10, switched legs and placed down on #4, swaying in place(3 of 4 clues)

Walk/Turn: The defendant could not maintain balance in the instructional phase, missed heel/toe on #2,4,6,7,8,9 Up, turned incorrectly, and missed heel/toe on #2,4,7,8 Down (3 of 8 clues)

At this time, based on training/experience, observations, statements, driving pattern, exercise performance, and the totality of the circumstances, Officer H placed the defendant under arrest for DUI. Officer H requested that he consent to a breath test, and he stated, “Why should I”. Officer H thoroughly explained the consequences of his refusal, and read him implied consent in its entirety. The defendant still refused, stating, “Take my license”. A Teletype check revealed a prior conviction for DUI w/property damage. The defendant was transported to the BAT facility for processing. Enroute, the defendant was verbally abusive and belligerent. While at the BAT, he was aggressive, and refused repeated commands to sit in a chair, so he was physically placed into the chair. The defendant then calmed down and was cooperative. He was processed and transported to the main jail without further incident.

The defendant was arrested and charged with DUI (2 ^nd Offense)(316.193(2A2B) and Unlawful Speed on State Road (316.187(3).

Results: After negotiations, Mr. Foley arranged a plea deal for the defendant. The defendant pled No Contest to the charge of DUI and received 12 months of probation and the normal conditions associated with DUI. The charge of Unlawful Speed was dismissed.

Internal Reference #1117

Facts: Officer S responded to a location in reference to a vehicle crash. Upon arrival, Officer S observed a car that had crashed into a utility pole. Officer S met with a witness who stated that he saw the crash. The witness stated that he observed the car traveling at a very high rate of speed when it lost control and struck a utility pole. The witness also stated that he could positively identify the driver. The witness observed the defendant sitting in the fire rescue truck and stated that he observed the defendant still in the driver’s seat after the crash and saw the defendant exit the car. The witness completed a sworn statement as to what he observed. While Officer S was speaking with the defendant, he observed his speech to be slurred and his eyes to be red and glassy. Officer S observed an obvious odor of an unknown alcoholic beverage on his breath. Officer S contacted other officers to assist with the investigation. Officer S advised them that the male occupant/defendant had been positively identified by a witness and that the defendant was being taken to the hospital for medical attention.

The defendant was arrested and charged with Driving Under The Influence (316.193(1)) and Special Hazard, Failed to U

Results : Driving Under The Influence (316.193(1)) – 12 months probation and the mandatory conditions of DUI.

Special Hazard, Failed to U