CASE NO. 13004313MM10A; Broward County; Judge O Levine, July 24, 2013.
Allegations: DUI, Reckless Driving, and Resisting Arrest Without Violence.
Tools: Jury Trial. My client was accused of speeding, making wide turns, and getting airborn over a draw bridge in Fort Lauderdale. Once the officer pulled my client over, he said he smelled alcohol on my client, that his speech was slurred, and his eyes were glassy and bloodshot. He said my client fumbled through his documentation and refused to exit his vehicle after being ordered to by the officer. The officer opened my client's door and ripped him out of his vehicle, threw him to the ground and hand-cuffed him. He read my client the implied consent law and said my client refused to take a breath test. At the police station, my client is alleged to have been beligerent and disrespecful to the officers. Interestingly, the video made during the arrest on the street was completely blank. Through cross-examination of the two officers involved, I was able to convince the jury the state had insufficient evidence to convict my client of driving under the influence of alcohol to the extent that his normal faculties were impaired. Although the jury did find my client guilty of reckless driving and resisting arrest without violence (for refusing to exit his vehicle), they did find him not-guilty of the DUI. He was not given jail time for the two lesser offenses.