South Florida Defense Lawyers Get DUI Case Dismissed in Broward County, Florida
Outcome of Tamarac DUI Case:
The cop admitted that he never saw Jeff driving the vehicle. The judge then threw the case out and dismissed the charges. Jeff was free to go.
Client Concerns about Tamarac DUI Charge:
Jeff was afraid of losing his driver's license, of facing jail time, and having a DUI on his record.
Facts on Tamarac DUI Case:
At 7:00 in the morning, someone called the police to report that a car was swerving in and out of lanes, and driving on a flat tire. The caller identified that a black male was driving the vehicle. When the cop arrived at the reported location in Tamarac, he found a car pulled over, with a black man standing outside of the vehicle. The man was Jeff N. The cop asked Jeff what he was doing, and Jeff told him he thought one of the tires on his car had gone flat. In his police report the cop, who was a former breath technician not very experienced in handling DUI cases, wrote that Jeff had bloodshot eyes and slurred speech. He then proceeded to conduct a DUI investigation. After failing the field sobriety exercises, Jeff was arrested and consented to a breath test. He blew a .19 and was taken to jail.
Strategy of Attack on Tamarac DUI Case:
We immediately filed a motion to suppress, as this was an illegal arrest (pursuant to Florida statute 901.15). When the cop arrived Jeff was already outside of his vehicle holding the keys. He was not driving and had not crashed his car. Body camera footage confirmed this. In order to arrest someone for DUI, they must have actual physical control of the vehicle, which was the issue here.
Facing Driving Under the Influence Charges in South Florida? We Offer Free Consultations.
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