CASE NO.: 14001426MU10A, Broward County, Judge O. Levine; March 2,2015.
Allegations: Driving Under the Influence of Alcohol and Reckless Driving.
Tools: Motion to Suppress. The trooper was alarmed because my client was driving in a careless way. It was very late at night and there were no cars on the road. My client, a young adult, was admittedly running red lights and stop signs as he navigated back roads towards his girlfriend's house. About as soon as the trooper gave chase, my client pulled into a parallel parking space in front of his girlfriend's place. The trooper immediately pulled up behind my client, exited his vehicle, and pulled and pointed his gun right at my client's face as my client exited his car. As the trooper closed in on my client physically, he grabbed my client, turned him around, and placed him under arrest. When my client asked why he was being arrested, the trooper told him, “dui is one of them.” Post arrest, the trooper said he smelled alcohol on my client and asked him to take a breath test. My client refused. I moved to suppress the refusal to take the breath test because there was no probable cause to establish that my client had consumed alcohol to the extent that his normal faculties were impaired. The court agreed and suppressed the allegation that my client refused to take a breath test. The state then agreed to drop the DUI and withhold adjudication on the reckless driving charge.