Martin County - DUI
Jun 01, 2013OUTCOME: Dismissed
A Stuart Police Officer stated in his report that he observed the Defendant weaving within his lane, “hugging” the solid white line. The Officer conducted a traffic stop of the Defendant’s vehicle. T ... he Officer stated that when he spoke with the Defendant he notice the Defendant’s eyes to be bloodshot and watery, speech slurred and smelled of alcoholic beverages. The Officer asked the Defendant to perform field sobriety test, which he refused. The Officer arrested the Defendant for DUI based on speech, unsteadiness on his feet, disorderly clothing and uncooperative, belligerent, cocky behavior. The Officer requested a breath test; however the Defendant exercised his right to refuse. During the initial consultation with my client, he informed me of the Officer’s conduct, feeling it was inappropriate and unnecessary. My client stated he believed the Officer viewed him enter his car in the parking lot of a bar and was “hard on to bust him.” My client stated he was confident he was not under the influence, drove his vehicle within the lanes and was very cooperative and polite to the Officer. After reviewing the discovery and the dashboard camera from the Officer’s car I confirmed my client’s statements from our initial consultation. My client did not appear to be intoxicated, he was steady on his feet, speech was clear and he was cooperative and polite to the Officer. Also, the driving pattern did not match the Officer’s statements; my client drove within his lane as required by Florida Statute. I filed a Motion to Suppress based on the office stopping my client without an indication of an illegal driving pattern, and the fact the officer did not issue a civil traffic citation. The Honorable Curtis Disque entered an Order granting the Motion to Suppress forcing the State Attorney’s Office to drop the charge of Driving Under the Influence.