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Case No.: to be expunged, Broward County

Allegations: DUI: My client was sleeping in his car with the engine running in a bank parking lot in the middle of the night in Broward County. He smelled of alcohol, his eyes were bloodshot and glassy, his face was flushed, and his speech was slurred. He failed the roadside sobriety tests and was arrested. After arrest, he withdrew his implied consent to submit to a breath test.

Results: After hearing the testimony during the hearing on my motion to suppress of the first officer to make contact with my client, the judge agreed that the officer observed no evidence of a crime and had no legal right to detain my client further. She granted the motion to suppress and excluded all evidence obtained as the result of the illegal detention. The state declined to appeal the decision and dropped all charges. I am proceeding to seek the expungement of my client's arrest record.