Case No.: 06-24963MM0A, Broward County
Allegations: DUI: My client was driving in the grass on his left side of the roadway, then went back to the right almost striking the officer's patrol car. He then drove down the middle of the roadway. He went through his wallet four times passing his license on each attempt to produce his documentation. He smelled of alcohol, his eyes were watery and bloodshot, he had slurred speech and slow movements. He denied drinking and agreed to perform roadside sobriety tests. The officer said he performed poorly and was arrested. He withdrew his consent to take the breath test.
Results: The morning of trial, the state attorney offered a reduced charge of reckless driving and agreed to withhold adjudication on even that charge. My client was charged only court costs. The video tape taken at the breath alcohol testing facility was inconsistent with the officer's description of my client. Also, the officer had been injured in an accident and could not recall meeting my client let alone make observations of him consistent with an impaired driver.