The Facts:
My client was pulled over for a “welfare check” by Hillsborough County Sheriff’s Office. The Officer alleged in his report that he observed indicators that my client was under the influence of alcohol. When the DUI investigator came on the scene my client agreed to participate in field sobriety exercises (FSE). Based on the performance on the FSE’s my client was arrested for DUI. At the station, my client gave two breath samples (0.198 and 0.173). However, the Officers alleged my client blew improperly, so they deemed it a refusal.
The Case:
Upon receipt of Discovery, I learned that what was written in the report contradicted what was seen and heard on body worn camera (BWC). It quickly became very clear that my client’s constitutional rights
had been violated. Within the first few minutes of the BWC footage, the arresting Officer is heard repeatedly stating that there were no indicators of impairment. Despite this, the Officer requests a DUI
investigator. What should have been a brief interaction quickly escalated into a prolonged detention that lasted 40 minutes, well beyond the time necessary for a welfare check. When the DUI investigator arrives on scene, the arresting Officer is heard again confirming there were no indicators of impairment. Even then, the DUI investigator proceeds with an investigation and ultimately arrests my
client for DUI.
The Result:
I was able to convince the State to dismiss the DUI charge. A DUI can be life-changing for a client. Obtaining an outright dismissal is rare, it takes a solid defense, like constitutional violations, to obtain such an outcome. This dismissal spared my client the harsh penalties that come with a DUI conviction. Not only that, but my client can also expunge this from their record now.
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