DUI/DWI Case Results (Part 4)

Internal Reference #1157

Facts: On 1-2, at approximately 3:10 AM, Sergeant L was sitting in the parking lot of a gas station. Sergeant L observed north bound a lone vehicle in the inside lane. The vehicle was clearly traveling over the posted speed limit of 45 mph. Sergeant L estimated the speed of the vehicle to 70-75. Sergeant L activated his stationary radar and received a reading of 72 mph in the 45 mph zone. Sergeant L followed the vehicle north bound as it passed another vehicle unsafely at the high rate of speed of 72 mph. As the vehicle cleared the intersection of a road it came upon another police car traveling in the outside/right lane. As the vehicle passed the police car it suddenly slowed to below the posted speed limit. Sergeant L stopped the vehicle. Sergeant L met with the defendant and ID’d him as the registered owner with a valid Florida Drivers License. Sergeant L noticed the defendant’s eyes were red and glassy and had a heavy look to them. The defendant’s actions were slow and unsure. As the defendant retrieved his Drivers License it took him several minutes to pull it from his wallet. The defendant stated where he was coming from. The defendant first advised that he had “nothing” to drink in reference to an alcoholic beverage. As Sergeant L spoke to him, he detected an odor of an unknown type alcoholic beverage on his breath. The defendant later stated that he had consumed “two vodka and tonics” with prescription Ibuprophen. Officer A arrived on scene and began the DUI investigation. Sergeant L issued the speeding citation for 72 Mph in a 45 mph zone. The defendant was subsequently arrested by Officer A for DUI.

DUI Probable Cause Affidavit

Observation of Driver: Bloodshot, watery and droopy eyes swayed side to side once out of vehicle.

Drivers Statements: The defendant stated that he had 3 “vodka and tonics” and where he was coming from. The defendant originally started to Sergeant L that he had 2.

Odors: Strong odor of unknown alcohol substance emitting from breath.

Roadside Tasks:

1. Horizontal Gaze Nystagmus
2. Left eye does not follow smoothly
3. Left eye jerks at 45-degree angle or less
4. Distinct jerking left eye maximum deviation
5. Right eye does not follow smoothly
6. Right eye jerks at 45-degree angle or less
7. Distinct jerking right eye maximum deviation
8. Walk and Turn: Unable to do due to torn MCL and ACL
9. One Leg Stand: Unable to do due to turn MCL and ACL
10. Finger to Nose: Did not attempt
11. Romberg/Alphabet: Swayed side to side. Stated “AB2” and instead of “TUV” he said “ZUV”
12. The defendant was arrested and charged with DUI(316.193)

Results: As a result of entering the program, the charge of DUI was amended to a charge of Reckless Driving . The defendant received 12 months of probation along with 75 hours of community service.

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 #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 destroying the police officers on the stand. A supervisor intervened and offered a reduced charge. It was the clients choice to accept the withhold of adjudication on the reduced charge.

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

Internal Reference #2014

Facts: Upon arrival, Officer H contacted Deputy C, who stated that he observed a vehicle(scooter) traveling east bound swerving in and out of traffic causing other vehicles to take evasive action to keep from getting hit. Deputy C also noticed that the tag on the vehicle had expired and that the rider was not wearing eye protection. After conducting a traffic stop and contacting the defendant(rider), Deputy C observed the following signs of impairment:

Unsteady on his feet(defendant kept falling over) , glassy/bloodshot eyes and an odor of an alcoholic beverage.

Officer H then contacted the defendant, who was sitting on a concrete wall. While talking with the defendant, officer h observed the following signs of impairment: Strong odor of alcoholic beverage emitting from his breath, glassy/bloodshot eyes, mumbled speech, mood swings and swayed while standing. The defendant staggered as he walked to the front of his vehicle. After making these observations, officer H requested the driver to submit to the standarized field sobriety exercises, which he did with the following results:

• Horizontal Gaze Nystagmus(HGN):
  • Lack of smooth pursuit in both eyes
  • Eye-nystagmus distinct at maximum deviation in both eyes
  • Eye-nystagmus distinct prior to 45 degrees in both eyes
  • Kept moving head.

• Walk and Turn
  • Lost balance while listening to instructions
  • Started prior to instructions
  • Subject paused while walking(At turn)
  • Did not touch heel-to-toe(missed 3 on first nine and 3 on second nine steps)
  • Stepped off line( 3 times second nine steps)
  • Raised arms for balance
  • Incorrect number of steps(took 16 steps on first nine and 15 steps on second nine)

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

• Finger to Nose:
  • Did not keep eyes closed
  • Failed to return arms to side
  • Missed finger to nose(Missed all three rights, touching under on all three and all three lefts, touching the opposite side of his face on the first, side & under)

After being arrested, the defendant was asked if he would provide a breath sample, he stated that 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: 0.247g/ 210L, Second sample: 0.228g/210L

Charges:

1. DUI Alcohol or Drugs 2 ^nd Offense(316.193-2a2b)
2. Expired Tag/ Reg 1 ^st Offense(320.07(3)(B))
3. McYcle W/O Eye Protection(316.211(2))
4. Fail Drive in Single Lane(316.089(1)
5. Dui Ubal>.20 or Accom By Person <18yoa(316.193-4b1)

Result:

1. DUI Alcohol or Drugs 2 ^nd Offense(316.193-2a2b) – 12 months probation, DUI School, 50 community service hours, 10 days immobilization, 6 months license suspension, 6 months interlock
2. Expired Tag/ Reg 1 ^st Offense(320.07(3)(B)) - Dismissed
3. McYcle W/O Eye Protection(316.211(2)) - Dismissed
4. Fail Drive in Single Lane(316.089(1) - Dismissed
5. Dui Ubal>.20 or Accom By Person <18yoa(316.193-4b1) – Dismissed

Internal Reference #2023

Facts: On 9/7 at 20:20, the defendant was south on a road and approaching a red light. The defendant crashed into the rear of a grey car, which was pushed into a grey Infinity. Officer M responded to investigate the crash. During his contact with the defendant, Officer M made observations consistent with the defendant begin impaired by alcohol and requested a DUI investigation.

Officer B arrived at 2050 and contacted the witness. The witness provided a video taped statement. The witness stated that he observed the defendant south on a road. The defendant had cut off the witness. The witness further stated that the defendant crashed into the rear of his car several times before stopping. The witness contacted the defendant in the driver seat of his running vehicle and the defendant was disoriented and had to be told to shut his car off. The witness also did point out the defendant as the driver of the vehicle.

Officer B then contacted the defendant in the rear of Officer M’s patrol car. It should be noted that when Officer b arrived, he observed the defendant walking to and sitting in the patrol car. The defendant was unsteady and used the patrol car for support. Officer M did relate that he had the defendant sit in the car to prevent the defendant from injury or wandering into traffic. (No handcuffs)

During Officer B’s contact with the defendant, he observed that he had red watery eyes, flushed face, slurred speech, and the odor of an alcoholic beverage coming from his person. The defendant also had difficult standing and walking

Officer B asked the defendant to submit to roadside exercises. The defendant refused and made several unsolicited statements that he had 3 drinks and that he could not do the exercises if he was sober. Officer B did advise the defendant that he would base his decision to make an arrest based on his observation to this point and his refusal would be used as evidence against him.

The defendant did state that he would attempt the exercises. The defendant stated he ahs prostrate cancer and macular degeneration in one eye. HGN was not attempted due to the unknown effects of Macular degeneration on HGN.

The first exercise was HGN. The defendant could not assume the starting position and he began walking too soon. At this point, the defendant refused to continue.

The defendant was arrested and asked to submit to breath testing which he agreed. Officer B transported the defendant and he was given a breath test with results of .158 and .153.

Upon completion of paperwork, the defendant was transported to central booking at the main jail.

Charges:

1. DUI Alcohol or Drugs 2 ^nd Offense (316.193-2a2b)
2. DUI And Property Damage (316.193-3c1)
3. Fail To Use Due Care (316.185)

Results:

1. DUI and Property Damage – Adjudication 6 months probation , DUI School, 10 days immobilization, 180 day license suspension
2. DUI and Property Damage - Dismissed
3. DUI and Property Damage - Dismissed
4. Driving Under The Influence - Dismissed
5. Fail To Use Due Care – Dismissed

Internal Reference #3002

Facts: Trooper V. while on routine patrol was dispatched to a vehicle crash involving two cars at the location. At Trooper V.’s arrival he observed Car One facing east in the right center travel lane with right side and front damage. He also observed Car Two facing west with front damage. He observed a male lying on the roadway with a large amount of blood on his face. He met with defendant who was standing outside of Car Two. As Officer V. spoke with defendant he could smell a strong odor of an alcoholic beverage emitting from his breath and person. The defendant was unsteady on his feet and nearly fell twice. Office V. also noticed the defendant’s red flushed face and watery, bloodshot eyes. Officer V. requested to see the defendant’s driver’s license, registration, and insurance for the vehicle. Defendant gave Officer V. his driver’s license. Officer V. met with a witness who witnessed the traffic crash. Officer V. advised the witness he had concluded his crash investigation and was now conducting a criminal investigation for DUI. The witness stated and wrote a statement advising he observed the defendant behind the wheel in the driver’s seat of Car Two. Officer V. then spoke with the defendant and advised that he was now concluding his crash investigation and was now conducting a criminal investigation for DUI and asked if he understood. Defendant replied with a “yes.” Officer V. then asked the defendant if he would perform voluntary field sobriety exercises and he agreed. Speaking with the defendant, Officer V. could smell a strong odor of an alcoholic beverage emitting from his breath as he spoke. Officer V. observed bloodshot, watery, glassy eyes and a red flushed face on the defendant. Defendant was asked if he had any broken bones (“no”), sick (“no”), diabetic (“no”), epileptic (“no”). The following exercises were demonstrated, performed, and noted.

1. Horizontal gaze nystagmus: Equal tracking observed in both left and right eyes with equal pupils. Lack of smooth pursuit in both eyes in both left and right eyes. Distinct and sustained nystagmus at maximum deviation observed in both left and right eyes. Defendant followed pen with head and had to be instructed to follow with eyes only several times. Swayed side to side 1-2 inches in circular motion.

2. Walk and turn: Defendant was demonstrated the walk and turn, defendant stated he understood. The defendant started the exercise twice prior to being told to begin. The defendant took eleven steps on the first pass. The defendant stepped off the line on step 3, missed heel-to-toe on all steps more than four inches. On the second pass, defendant took a total of twelve steps. The defendant missed heel-to-toe on all steps more than four inches.

3. One leg stand: defendant lifted his left leg to perform this exercise. Defendant put his foot down on 3 and 6. Defendant started again from zero and dropped his foot again on 3 and 6. Defendant used his arms for balance. Defendant then quit the exercise.

4. Finger to nose: defendant was demonstrated, defendant stated he understood. Defendant was unable to follow instruction with respect to arm movements on several occasions. Left, open eyes prior to touching tip of finger to tip of nose; right, left of nose; right, between lip and nose; right between lip and nose; left between lip and nose; right between lip and nose.

Due to the seriousness of the injuries to the other driver, blood was drawn from the defendant. Paramedic A. collected blood from the defendant’s right arm. The blood was placed into a Tri-Tech blood kit. The first vial was collected at 5:21 AM and the second at 5:22 AM. Officer V. sealed the blood kit and transported it to the Medical Examiners office. About three weeks later, Officer V. received the final toxicology report from the Medical Examiner’s Office with a positive result of Ethanol. The results of the analyses were .238 and .236 grams of alcohol per 100mL of blood. Based on Officer V.’s investigation, observations, witness statement and laboratory evidence, Officer V. is requesting a Capias for a Warrant for the arrest of the defendant for charges of DUI. Cpl. M. video record the voluntary field sobriety exercises performed by the defendant and the blood draw conducted on the defendant. That video was placed into evidence.

Process: Defendant was a teacher returning from a job-related anniversary dinner on a rainy night. On the same road, a driver had been involved in a one-vehicle accident, with the car stopped diagonally in the road. A good Samaritan stopped and called 911. The 911 operator told the good Samaritan to give the phone to the driver of the crashed vehicle. When the good Samaritan approached the crashed vehicle, the defendant struck the vehicle from behind, throwing the good Samaritan onto the road and putting him into a coma. Because the victim was in a coma, the defendant was looking at possible manslaughter charges. Mr. Foley was co-council on this case Mr. Foley hired the accident reconstructionist normally used by the state in order to show that alcohol was not a cause of the accident. The accident reconstructionist determined that there was no causation. Accordingly, Mr. Foley and his co-council convinced the state attorney to reduce the Felony Serious Bodily Injury to a simple misdemeanor DUI. Defendant received 12 months probation.

Charges:

1. DUI First Offense (316.193.2a.2a)
2. DUI Property Damage (316.193.3abc1)
3. DUI Serious Bodily Injury to Another (316.193.3abc2)
4. Failed to Use Due Care Resulting in Traffic Crash (316.185)

Result:

1. DUI First Offense (316.193.2a.2a) - No contest, 12 months probation, 9 month license suspension, $525 fine, 75 hours of community service
2. DUI Property Damage (316.193.3abc1) – Dismissed
3. DUI Serious Bodily Injury to Another (316.193.3abc2) – Dismissed
4. Failed to Use Due Care Resulting in Traffic Crash (316.185) - Dismissed

No jail and no prison

Internal Reference #3009

Facts: Officer M. responded to reports of a male being violent, throwing things, who fled in a white vehicle. Upon arrival, a vehicle was heard in the area screeching the tires and revving the engine. The defendant was observed seconds later driving into the complex in a white SUV erratically. The defendant was stopped, at which time defendant stumbled out of the vehicle. Officer M. observed a strong smell of alcohol on the defendant’s breath, and his clothing, which were also soiled. Defendant was asked for his ID, which he did not have. Defendant’s eyes were bloodshot, red and watery. Defendant struggled to follow the directions when spoken to, and could not give a coherent account of events. Officer M. requested the defendant to perform roadside exams. Defendant was guided to a safe location to perform the exams. Defendant did poorly on all portions of the exams. Defendant was arrested and transported to the station. Responded to administer the breath exam using the station’s Intoxilyzer 8000. The defendant provided two breath samples (.217, .203). Defendant was transported to the jail. Witnesses 1 and 2 advised during roadside that defendant almost ran them over while they were walking on the side of the road. Defendant was driving his vehicle on the sidewalk.

Charges: DUI (316.193)

Result: DUI (316.193) – Pled no contest; adjudication 12 months of probation, 6 months of vehicle interlock, 10 days of vehicle impoundment, $250 fine, victim impact panel, 50 hours community service, 364 days license revocation, DUI course

No jail and no prison

Internal Reference #3010

Facts: The defendant did commit the violation of driving under the influence of an alcoholic beverage. The defendant did then and there unlawfully drive, or was in actual physical control of a motor vehicle, while he was under the influence of an alcoholic beverage to the extent that his normal faculties were impaired, or with a blood alcohol level of .08 percent, to-wit: refusal.

At the time, Officer D. responded to the location in reference to a DUI investigation. Upon arrival, Officer D. met with Officer B., who advised that he had stopped arrestee (defendant) in reference to a traffic violation. Officer B. stated that he had observed the defendant driving a vehicle westbound and did fail to drive within a single lane. Upon meeting with the defendant, Officer B. believed that the arrestee may have been impaired and thus requested Officer D.’s presence.

Officer D. met with the defendant, who was leaning on the right side of his vehicle. Officer D. asked the defendant to meet him about 15 feet east from his vehicle, and as he walked, Officer D. noticed that he had an open and uneven gait. Once the defendant was in front of Officer D., Officer D. made the following observations: very strong odor of alcoholic beverage emanating from his breath, flushed colored face, bloodshot watery and glassy eyes, very slurred speech, swayed from left to right approximately six inches. Officer D. positively identified the defendant from his driver’s license. Officer D. advised defendant that he would be conducting a criminal investigation to determine if he was DUI and asked if he would perform some voluntary field sobriety exercises, at which time he stated that he would. Before beginning the exercises, Officer D. asked the defendant for some basic information. Illnesses or present injuries – none. Disabilities – none. Medications, prescribed or over the counter – advised that he takes prescribed acene medication on a daily basis. Diabetes – no. Under a doctor’s care – advises that he sees the doctor in reference to the skin problem.

The exercises were conducted on a cement lot which had straight lines upon it, which was illuminated by gas station canopy lights. Officer D. then instructed and demonstrated the following exercises:

1. Horizontal gaze nystagmus: 6 clues
2. Walk and turn: 7 clues
3. One leg stand: 5 clues
4. Finger to nose: 4 clues
5. Rhomberg balance: 3 clues

Note: internal clock seven seconds estimated as thirty seconds.

Officer D. then made the determination that the defendant was impaired and took him into custody for DUI. Officer D. then asked the defendant if he would take a breath test and he began to question the reason for the test. Officer D. then read the defendant the Florida Implied Consent from a prepared text in the presence of Officers L. and B. The defendant then stated that he would take the test. Officer D. then transported the defendant to the station for processing.

While en route to the station, an odor of an alcoholic beverage was emanating from the defendant’s breath and was present inside the police vehicle. Once at the station, Officer D. conducted a 20 minute observation of the defendant. While conducting the first breath test the defendant became very argumentative and thus resulting in sample #1 as no sample provided. Officer D. then warned defendant that if he did not follow directions and provide a proper breath sample, it would be understood as a refusal. The defendant then advised that he would comply, but while taking the second sample, the defendant did not follow the directions by not giving a consistent breath, thus sample #2 resulted in volume not met. Officer D. then began a second breath test and re-instructed on the proper way of giving the breath sample. Once again the defendant did not follow the directions and did not give a consistent breath, once again resulting as volume not met. The defendant continued to do the same during sample #2 thus resulting in volume not met again. During sample #2 Officer D. initiated a refusal of the defendant by pressing on the “R” key of the instrument.

A driver’s license check revealed the defendant had prior DUI. Thus, the defendant was charged accordingly.

Process: Mr. Foley filed a motion to suppress the evidence gathered during the traffic stop. Mr. Foley argued the defendant had not violated the Florida Statute for failure to drive in a single lane, because the defendant’s lane change without a signal did not affect any other traffic. Therefore, the officer lacked probable cause to initiate a traffic stop. The court granted the motion.

Charges:

1. DUI (second offense) (316.193-2A2B)
2. Failure to drive in single lane (316.089(1))

Result:

1. DUI (second offense) (316.193-2A2B) – Nolle prosequi (dismissed)
2. Failure to drive in single lane (316.089(1))

All Charges Dismissed

Internal Reference #4002

Charges:

1. DUI Property Damage/Injury
2. DUI Property Damage/Injury
3. Fail To Use Due Care

Results:

1. DUI Property Damage/Injury – Adjudicated, 6 months probation, 50 hours community service, 6 months license suspension
2. DUI Property Damage/Injury -Dismissed
3. Fail To Use Due Care – Dismissed

Internal Reference #4012

Charges:

1. DUI With Accident/Injuries
2. FTYRow – Stop Sign
3. No Proof of Insurance
4. No Reg Certificate

Process: Mr. Foley filed a Motion to Dismiss. After receiving the said motion, the state attorneys office offered to reduce the charge to Reckless Driving and the defendant accepted.

Result:

1. DUI With Accident/Injuries– Amended to Reckless Driving, 6 Months Probation, 50 Hours of Community Service
2. FTYRow – Stop Sign - Dismissed
3. No Proof of Insurance - Dismissed
4. No Reg Certificate – Dismissed

Internal Reference #5016

Facts: While in the area, officer heard a loud crash, observed silver car blocking the far westbound lane. The car had rear-ended a parked vehicle. Officer observed ∆ place vehicle in reverse, then flee southbound on roar at high rate of speed. Officer initiated a traffic stop. Officer made contact with ∆ who had very strong odor of an alcoholic beverage emitting from his breath. ∆ had bloodshot eyes and flushed face. ∆ was offered field sobriety exercises and he agreed. ∆ did not perform field sobriety exercises to standards and was subsequently arrested without incident.

Charges:

1. DUI (316.193)
2. Leaving scene of crash with property damage (316.061(1))

Result:

DUI (316.193) – Nolo contendere plea, Adjudicated guilty . $1000 fine, $632 surcharges, six months probation, license revoked for 180 days, DUI substance abuse course, victim impact panel, impoundment of vehicle, 10-day interlock

Leaving scene of crash with property damage (316.061(1)) – Dismissed