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Case Results

Case No.: 07-000008MM10A, Broward County

Allegations: DUI: My client was asleep in her car on the roadway in the left turn lane on Flamingo Road in Broward County. The keys were in the ignition, the car was running and in park. Law enforcement woke her up, smelled alcohol on her, observed her to mumble and exhibit difficulty with her balance. When the officers asked her to submit to roadside sobriety tests, she replied, “fuck you,” and was arrested. She refused the breath test.

Results: Not Guilty by jury. In order to prove DUI, Florida law requires the state to establish beyond a reasonable doubt that my client was driving or in actual physical control of a vehicle while under the influence of alcohol to the extent that her normal faculties were impaired. Actual physical control is defined as being in or on a vehicle AND having the capability to operate the vehicle even if she wasn't at the time of the alleged offense. I argued that, because she was asleep in the car, there was no way she could have had the capability to operate the vehicle. The jury took 42 minutes to acquit. Defended by Lloyd H. Golburgh.

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