DUI/DWI Case Results (Part 3)
Internal Reference #1122
Facts: Same facts as #1121
DUI – Motion to Withdraw granted.
Internal Reference # 1127
On 12/6 at approximately 0330 hours, Officer G responded to a location in reference to a DUI investigation. Upon arrival, Officer G made contact with another officer who advised him that he was investigating a single car accident.
Officer G then made contact with the defendant who was sitting on the curb. Officer G asked the defendant what happened and he stated “me and my girlfriend were at a fifteens party. We both were drinking and we began arguing while he was driving home and he didn’t realize that he was driving off the roadway and got the car stuck in the mud.” While speaking to the defendant, Officer G detected a strong odor of an alcoholic beverage coming from his breath. The defendant also had bloodshot watery eyes. Officer G then asked the defendant to walk over to the sidewalk to perform field sobriety exercises and the defendant agreed. While walking to the sidewalk, Officer G noticed that the defendant was swaying side to side and lost his balance and stumbled one time.
The sidewalk was flat and level and was lit by overhead streetlights nearby. The first exercise Officer G performed was the HGN. The defendant’s eyes showed lack of smooth pursuit, Nystagmus at maximum deviation and onset prior to forty-five degrees. When asked the defendant stated he was not taking any medication and no medical problems that would affect his performance on the field sobriety exercises
The second exercise was the One Leg Stand. While in the instruction phase, Officer G noticed that the defendant continued to sway from side to side. Once he started the exercise, the defendant raised is arms up to the sides above his waist to maintain his balance several times. The defendant also put his foot down on the count of five and raised it back up and started at one. The instructions given were if he out his foot down he should start at the number he put his foot down on The defendant also lost his balance and put his foot down on the count of nine in order not to fall to the side.
The last exercise was the Walk and Turn. Officer G had the defendant walk to the roadway where there were two patrol cars blocking an area where he utilized the white line on the side of the road. While the defendant was standing in the instruction phase for this exercise, he lost his balance two times. The defendant proceeded to walk and missed placing heel to toe on steps three, four, and five. He also stepped off the line on number five and seven to maintain his balance. The defendant also counted ten steps rather than nine as instructed. The defendant then turned and counted the turn as number one. The defendant again counted ten steps instead of nine.
The defendant was then advised that he was being placed under arrest for suspicion of Driving Under The Influence. The defendant was then handcuffed and placed in the back of Officer G’s patrol car.
A towing company responded and removed the vehicle from the side of the road. The defendant was then transported to the B.A.T facility where he provided two breath samples. The results were .17 twice.
The defendant was issued a citation for D.U.I and subsequently transported to jail.
The defendant was arrested and charged with Driving Under The Influence (316.193(2)(A)), Driving On Sidewalk/Bike Path, and Failure To Use Due Case
Process: After being retained, Mr. Foley filed a Motion to Suppress the arrest for lack of probable cause, which was granted. The state attorneys office filed an appeal of the judge’s ruling with the Appellate Court, which was ultimately denied. The charges of DUI Blood Alcohol Above 0.20, Drive On Sidewalk/ Bike Path, and Failure To Use Due Care were all dropped and the case was Nolle Prosqui ( dismissed)
Results: Case Dismissed
Internal Reference #1130
Facts : On 1/12 at approximately 0256 hours, while on routine uniform patrol in a marked vehicle, Officer K was dispatched to the location in reference to a DUI investigation.
Upon arrival, Officer K contacted Officer T, who stated that he observed a car travelling Northbound. Officer T observed the vehicle swerve from the center lane into the left lane over the lane pavement markings therefore disobeying the traffic control device. Officer T also observed the vehicle disobey the solid steady red traffic signal when he entered the intersection while the traffic control device remained a steady red and made a U-turn to travel southbound. Officer T conducted a traffic stop in his marked unit by activating his lights and sirens. While speaking with the defendant (driver), he observed the following signs of impairment: Odor of alcoholic beverage emitting from his breath, slurred speech and bloodshot eyes. The defendant could not recall where he lives and advised that he came from a downtown area.
Officer K then contacted the defendant who was identified by his Florida Drivers License (sitting inside vehicle-drivers seat). While talking with the defendant, Officer K observed the following signs of impairment: an odor of an alcoholic beverage emitting from his breath, glassy/bloodshot eyes, slurred speech, and a flush face. The defendant swayed while standing and was unsteady while walking. After making these observations, Officer K requested the defendant to submit to the standardized field sobriety exercises, which he did with the following results: (No injuries/illnesses-eczema/medications)
*Horizntal Gaze Nystagmus(HGN): (6/6)
(Equal tracking/ Equal pupil size/ No resting Nystagmus)
-Lack of smooth pursuit in both eyes
- Eye-Nystagmus distinct and sustained at maximum deviation in both eyes
*Vertical-Nystagmus present in both eyes (not a clue but mentioned)
*Kept moving head and had a hard time following the stimulus
*Walk and Turn: (Subject advised that he could not perform due to his eczema)
*One Leg Stand: (Did not perform due to inclement weather)
-Did not follow instructions (opened eyes)
*Finger to Nose: (3/5)
- Did not keep eyes closed
- Failed to return arms to side
- Missed finger to nose (Missed all three rights and all three lefts)
After being arrested the defendant was asked if he would provide a breath sample, the defendant stated that he would take a breath test. After being transported to the BAT unit, the defendant provided two breath samples with the following results: First Sample: 0.261g/210L, Second Sample: 0.265g/210L.
The defendant was arrested and charged with:
DUI Alcohol or Drugs 1 st Offense (316.193-2a2a)
DUI Ubal>.15 or Accom by Pers <18yoa(316.193-4b1)
Disobey/Avoid Traffic Device (316.074(1)
Disobey/Avoid Red Light (316.075(1)(C)1
Fail Wear Safety Belt/Oper (316.614(4)(B)
Results : After negotiations with the state, the defendant accepted a plea deal for the charges. The defendant was adjudicated guilty and received 9 months of probation for the charge of DUI along with community service hours with the option of buying them out. The charges of Fail to Obey Traffic Control Device, Fail Stop Steady Red Signal, And Fail Wear Safety Belt were dismissed.
Internal Reference # 1131
Facts : On 2/27 Officer K was requested by Officer D in reference to a motor vehicle crash with a possible intoxicated driver. Officer K responded at 1810 hours and arrived on scene at 1813 hours.
When Officer K contacted the defendant, he had glassy blood shot eyes, slurred speech, and was unable to maintain his balance (he had to step to the side and or to the front and or back to prevent himself from falling). The defendant was wearing a large amount of cologne that made it difficult to smell anything, but the cologne.
Officer D and Officer K conducted the crash investigation and determined that the defendant made a right turn too wide and into the wrong lane.
Officer K informed the defendant that the crash investigation was completed he was cited for improper right turn too wide wrong lane.
Officer K informed the defendant that he was a Deputy Sheriff and a state certified law enforcement officer and asked the defendant if he understood and he responded “yes”.
Officer K asked the defendant if he spoke English and understood English and the defendant replied “yes”.
Officer K asked the defendant to perform three voluntary exercises and the defendant said “yes”.
Officer K asked the defendant if he had any medical or physical issues that would prevent him from performing the exercises.
HGN: 6 Clues
Lack of smooth pursuit in the right and left eyes
Nystagmus maximum deviation in the right and left eyes
Nystagmus prior to 45 degrees in the right and left eye
Walk and turn: 6 clues (blue handicap painted line in a parking lot)
Stepped off the line began test began
Could not stand in the demonstrated position
No steps heel to toe
Had to be told to do the turn and improper turn(not performed as instructed and demonstrated) stepped off the line once toward the turn and once back to the starting position.
Raised arm more than three inches from the body
One Legged Stand: Could not perform
Put foot down three times
Raised arms more than three inches from the body
Was asked to continue, but stopped doing the exercise
The defendant was placed under arrest for driving under the influence of an alcoholic substance, and or control substance, and or chemical substance. Officer K told the defendant that he was under arrest or alcoholic substance, and or control substance, and or chemical substance.
Officer K transported the defendant to the police station for breath test.
The BAT technician performed the breath test and the results were of 0.288 and 0.273
The defendant was transported to jail for the completion of paper work
The defendant was arrested and charged with DUI Alcohol or Drugs 1 st Offense (316.193-2a2a) and DUI W/ Damage to Prop or Person of Another (316.193-3c1), Failure to Register Vehicle, Per/Inj/Prot//Ins Required, and Improper Right Turn
Results : Mr. Foley negotiated with the state and the defendant ultimately accepted a plea deal. The defendant pled no contest to the charge of DUI Property Damage/ Injury and received an adjudication and 9 months of probation along with community service and a license suspension of 6 months. All of the other charges were dismissed and the win in this case is that the defendant avoided any jail time.
Internal Reference #1145
Facts : At approximately 0238 hours, Officer I was traveling south on a road. Officer I was driving a marked WPBPD police vehicle. Officer I witnessed a car make a right turn onto a street on a red light. There is a No Turn on Red sign posted at the light. The vehicle continued west on the road in the second lane and prior to another road had changed tot eh first lane. The vehicle changed onto the second lane again. The vehicle appeared to be having trouble maintaining a single lane. As the vehicle continued west at approximately 40 MPH, the vehicle was riding the right boundary lane marker with the right wheels. Once past the railroad tracks, the vehicle began to navigate the slight left turn in the road. Midway through eh turn, the vehicles right tires crossed the lane markers. At this time, the vehicle was traveling approximately 25 mph in a 45 mph zone. When the road curved to the right, the vehicle changed lanes midway through tot eh right and then back into its lane of travel. After navigating the right curve, the vehicle crossed the fog lane maker to the right of the vehicle.
Observation of Driver: Officer I observed glassy blood shot eyes on the defendant(driver) and a distinct odor of an unknown alcoholic beverage on his breath and slurred speech. He stated that the defendant had a hard time placing the vehicle into park and the dashboard light showed “D” for drive. He stated the defendant then turned the vehicle off. When Officer A met with the defendant, he observed blood shot glassy eyes, slurred speech with his accent and the odor of alcoholic beverages on his breath.
Driver Statements: Defendant stated he came from a bar. He stated that he had drank one glass of wine.
Odors: Strong odor of alcoholic beverages on his breath.
Horizontal Gaze Nystagmus:
Left eye does not follow smoothly
Left eye jerks at 45-degree angle or less
Distinct jerking left eye maximum deviation
Right eye does not follow smoothly
Right eye jerks at 45-degree angle or less
Distinct jerking right eye maximum deviation
Walk and Turn: Officer A instructed the defendant to stand with his right foot in front of his left foot with his hands down by his sides on a solid white line and was told to remain in that position until told to begin. Officer A then demonstrated the exercise and he said he understood. The defendant could not keep his balance during the instruction and kept stepping off the line. On the first 9 steps, the defendant did not touch heel to toe between steps 3-4,5-6,6-7. There was approximately a 2-inch space between heel to toe. The defendant stepped off the line at step 6 and took a total of 16 steps. He then stopped and turned to the right instead of the left as instructed and stopped. He had to be told to take the 9 steps back. On the return 9 steps, he kept stepping off the line and stepped off on step 1. He did not touch heel to toe between steps 2-3,4-5,6-7. There was approximately a 2-inch space between heel to toe. The defendant stepped off the line at steps 5 and 6, took a total of 15 steps and raised his arms for balance.
One Leg Stand: Officer A had the driver stand with his feet together and hands down at his sides as Officer A explained the exercise. Officer A explained and demonstrated the exercise and he stated he understood the instructions. The driver swayed while standing. Once told to begin the exercise, the defendant did not lift either leg and just stood there. The defendant then lifted his right foot after approximately 20 seconds. Officer A began hopping, put his foot down once and kept his hands behind his back.
Finger to Nose: Officer A had the driver stand with his feet together and hands down at his sides as Officer A explained the exercise. Officer A explained and demonstrated the exercise and he stated that he understood the instructions. Officer A asked the defendant to tilt his head back and close his eyes. Officer A observed the defendant swaying. The defendant began the exercise before being told to by brining his left hand up to his nose. On each one, the defendant missed the tip of his nose with the tip of his finger. On all the rights, the defendant touched the right side of his nose with the pad of his finger. On the lefts, the defendant touched the left side of his nose with the pad of his finger. Each time, he had to be told to bring his arm back down to his side. Once the last right call, he began to bring up his left then changed to his right. The defendant also did not keep his eyes closed the whole time.
The defendant was arrested and charged with DUI
Results : The defendant requested to be entered into the DUI program. After entering a plea on the defendant’s behalf, Mr. Foley was able to have the defendant accepted into the DUI First Time Offender Program. The state changed the charge to Reckless Driving, Withhold of Adjudication, 12 months of probation, 75 hours of community service, 10 day interlock vehicle immobilization.
Internal Reference # 1146
Facts : Officer P was dispatched to a location in reference to a suspicious vehicle that was stopped in the right turn lane at the entrance of a community. A security guard (witness) advised that he approached the vehicle and tried to make contact with the driver/sole occupant. The security guard stated that she did not respond. He then contacted the police department.
Upon Officer P’s arrival, he observed a vehicle in the right turn lane. The vehicle was stopped and not moving forward or making an attempt to turn into the complex. The vehicle did not have any operating lights on at the time of Officer P’s arrival. As Officer P approached the driver’s side window, he observed a white female in the driver’s seat. Her head was slumped down into her chest. The vehicle was turned off. Officer P knocked on the window a few times in order to gain the attention of the driver. A few moments later, she raised her head and look at him. The defendant immediately opened the door. Officer P asked if she was ok, in which she replied “yes”. Officer P asked her if her vehicle was ok, in which she replied “yes”. There was no apparent damage to the vehicle that would have prevented it form being driven. As she looked at me, she had red bloodshot and watery eyes. Officer P could smell the odor of an alcoholic beverage emitting from the interior of the vehicle. Officer P asked her if she could get her driver’s license, she made numerous attempts and eventually located it inside her purse. Her movements were very slow. Officer P asked her if she was sick, in which she replied “no”. Officer P asked her if she knew where she was at, in which she looked around and said “no”. Officer P asked her where she was coming from, in which she replied “a friend’s birthday party at Las Olas.” Officer P asked her if she had anything to drink tonight, in which she replied “yes.” Officer P asked her what, in which she did not reply. Officer P requested that she exit the vehicle due to possible impairment. As she exited the vehicle she was very slow and used the door for balance.
Officer P located a suitable location on the roadway to continue his investigation. Officer P asked her if she wore contacts or glasses, in which he replied “yes contacts”. Officer P asked her if she suffers from any type of medical condition, in which she replied “no”. Officer P used a white lane marker as his starting point and ensured there were no blue lights or spotlights shinning into her eyes. Officer P read all instructions from a prepared card. Officer P used his red light pen to conduct HGN. As she was speaking to Officer P, she had slurred speech. It should be noted that she spoke with a Spanish accent. She was dressed in only a black knit dress with just a bra and underwear underneath and black flat shoes. She was visibly swaying as Officer P was talking to her.
HGN: As Officer P was explaining the instructions, the defendant was not able to pay attention to his instructions. She kept looking around and complaining that it was cold.
She had the following on both eyes: (6)
- Cannot smoothly follow a moving object
- Distinct nystragmus at maximum deviation.
- Onset occurs before 45 degrees. Officer P’s estimation was 15 degrees.
- Lost balance during instructions
- Starts before being told to do so
- Stops walking to regain balance
- Failed to touch heel to toe more ½ space numerous times
- Stepped off the line multiple times (more than twice)
- Does not turn correctly
- Took 13 steps and stopped. Officer P asked her to continue and she then walked another 2 steps forward. Officer P asked her to stop and turn around. She then lifted her arms and turned around and walked back 6 steps.
OLS: Raised right leg(30)
-Swayed while trying to raise leg
-Puts foot down more than 3 times during 30 sec. She raised her foot but kept her foot on the ground. Each time she attempted to raise her foot she would almost fall over and then to steady herself, she would keep her foot on the ground.
Romberg Balance: (3)
- Didn’t maintain eyes closed
- Sways in both directions
- Time estimation was 17 seconds
- Each time she attempted to tilt her head back, she would almost immediately bring it forward. Officer p was able to observe her to have eyelid tremors. She almost fell over while ding this exercise.
Based on the totality of all factors, Officer P placed the defendant under arrest for DUI. Officer p requested a sample of her breath on scene, in which she did not seem to understand. Officer P transported her to the police department. While transporting her, she was crying uncontrollably and stated “she drank to much”. “I don’t know what I did”. A few minutes later she calmed down. A short time later she would start crying again. These mood swings were very extreme ranging from calm to crying uncontrollably.
Officer G responded to the police department as a breath test operator. Officer G requested a sample of the defendants breath, in which she agreed. Officer G conducted his 20 minute observation period in which the defendant did not put anything into her mouth. The defendant remained in constant view and remained in handcuffs. The results were 0303 hrs/.162 and 0306 hrs./.178
Once processing was completed, the defendant was transported to jail. The vehicle was towed. The keys were located in the igniton. The defendant was also issued a City Code violation ticket for stopping in roadway.
The defendant was arrested and charged with DUI 1 st Offense(316.193(2a2a), DUI BAC >.15(316.193(4b1), and Vehicle Operating W/O Lights Night(216.217(1a).
Results : After talking with the state, Mr. Foley negotiated a plea deal for the defendant, which he accepted. The defendant plead No Contest to the charge of DUI Level 0.15 or Minor In Vehicle and received 6 months of probation along with a license suspension for 6 months. The charges of Driving Under The Influence and Vehicle W/O Lights at Night were dismissed.
Internal Reference # 1149
Facts : On Saturday, November 3 at about 2:50 am. Officer S was at an intersection facing south when he observed a car traveling north. The vehicle turned left(west) onto a street into east bound right lane of traffic. As Officer S followed the vehicle from the west bound lane, he observed the vehicle turn right(north) onto another road in the right lane without stopping. The light for west bound traffic was red.
Due to the defendant’s actions, Officer S activated his emergency overhead lights and siren to conduct a welfare check of the driver. The vehicle came to a stop. Officer S made contact with the defendant and sole occupant of the vehicle. The defendant was identified by the photograph on her Florida driver’s license. Upon making contact with the defendant, Officer S could smell a very strong odor of an unknown alcoholic beverage coming from her breath as she spoke.
Officer S asked the defendant if she had any medical problems, injuries or takes any medication and she said no. Officer S asked the defendant how much she had to drink and she replied, “I had one beer”. Officer S asked the defendant to exit her car and when she exited she used the vehicle door for support. The defendant was unsteady on her feet, swaying, and stumbling. Officer S asked the defendant if she would perform some sobriety tasks, in which she agreed. The defendant performed poorly on the task, see DUI roadside tasks for results.
At that time based upon the totality of the circumstances, Officer S placed the defendant under arrest for DUI. Officer S then transported the defendant to the BAT center without incident. Upon arrival at the BAT, Officer S conducted a twenty-minute observation. During the twenty-minute observation, the defendant put nothing in her mouth and did not vomit. After the twenty-minute observation, Officer S brought the defendant on camera and asked if she would submit to the breath test, in which she refused by stating, “no” at 4:02 am. At that time, Officer S read the defendant her Miranda rights in which she stated she understood them. The defendant agreed to conduct an interview.
The defendant did operate a vehicle on the streets with an unlawful BAC, to the extent that her normal faculties were impaired, contrary to Florida State Statute 316.193(1).
The defendant was arrested and charged with DUI – Driving While Under Influence(316.193(1).
Results : The defendant entered into the DUI program. As a result of entering the program, the charge of DUI – Driving While Under Influence was amended to a Reckless Driving charge. The defendant ultimately received 12 months of probation, along with 75 community service hours.
Internal Reference #1150
Facts : On 8/05 at approximately 2349 hours, Officer F observed a vehicle that was improperly stopped in a roadway. The vehicle was not disabled, nor stopping to render aid. There was a red pickup truck behind the vehicle that was unable to proceed along the road because of the obstructing vehicle. The vehicle was stopped for approximately 20 seconds before proceeding and turning right. Officer F followed the vehicle to initiate a traffic stop.
Officer F activated his emergency lights to attempt to stop the vehicle. The vehicle did not stop immediately, but continued traveling eastbound until the driver finally stopped after Officer F activated his siren. Officer C arrived a back-up officer shortly thereafter. Officer C made contact with the defendant and sole occupant of the vehicle, who was seated in the driver’s seat. As Officer C approached, the defendant turned to look at him, and Officer C observed that he had red, watery, and bloodshot eyes. As Officer C spoke with the defendant, there was a strong smell of alcohol coming from his breath. In addition, the defendant’s speech was halted and very slurred as he attempted to explain that he was coming from a party at a friend’s home and on his way home. The defendant stated that he had been struck in the face at the party, and had left the scene to get away from his attacker.
Based on the totality of the circumstances, Officer C believed that the defendant was driving under the influence of alcohol. Officer C offered him the Standardized Field Sobriety Exercises (Horizontal Gaze Nystagmus, Walk and Turn and the One-Legged Stand) and he readily agreed. As the defendant exited the vehicle, he was unsteady on his feet. As the defendant walked away from the vehicle, he was swaying to the left and right.
The defendant stated that he had no injuries or illnesses and was not taking any medications. The defendant advised that he did not wear contacts, and had no medical issues with his eyes or vision. Officer C chose a well-lit, dry area on the side of the roadway, utilizing the sidewalk for the One Legged Stand and Walk and Turn test.
Before each exercise, Officer C explained clearly the instructions for each. The following are the results of the exercises:
HGN: All six clues were present, with distinct “jerking” at maximum deviation.
WNT: Eight clues were present. The defendant lost his balance while listening tot eh instructions. The defendant stopped walking multiple times during the test to regain balance; None of his steps touched heel to toe( at least a six-inch gap); The defendant stepped off of the line on every step; Raised his arms above his head for balance; Only took 5 steps up and 4 back; and due to stepping off of the line on every step he was unable to adequately perform the test.
OLS: Four clues were present as he chose to raise his right foot. The defendant swayed continually while attempting the exercise; He raised his arms above his head to maintain balance; The defendant made three attempts to perform the test, never making it past 3 before putting his foot down. He was therefore unable to complete the test.
The defendant was placed under arrest for driving under the influence of alcohol. Implied consent was read on scene, he agreed to provide a breath sample saying, “Yes, sir”. The defendant was transported to the police department, where Officer B administered the breath test, and the defendant provided two valid breath samples. The results were 0.197g/210L for sample #1 and 0.201 g/210L for sample #2.
During the time that Officer C was with the defendant, he made multiple spontaneous utterances about his drinking. While still on scene he stated “I’ve been drinking half of the day”. While at the jail, the defendant stated , “I know I’ve bee drinking”, “I’m a drunk”, and “I’ve been drunk a thousand times in my life”.
The defendant was then transported to the main jail for booking. The defendant was given citations for the improper stop, and for the DUI. The vehicle was towed.
The defendant was arrested and charged with DUI- First Offense(316.193(2a2a), Breath Sample Over 0.15 BAC(316.193(4b1) and Improper Stop(316.1945(1)(a)(11)
Results : The defendant accepted a plea deal. The defendant received 9 months of probation along with 50 community service hours and a 6 months license suspension for the charge of DUI Blood Alcohol Above 0.20. The charges of Driving Under The Influence and Improper Stop were dismissed.
Internal Reference # 1154
On 1/19, Officer D was traveling west bound when he observed a dark vehicle in the #2 lane traveling west bound. The vehicle crossed over the white dotted line divider into the inside lane with its driver side tires then crossed back into its lane. As he got closer to the vehicle, Officer D noticed the type of vehicle. The vehicle then crossed the white dotted line divider into the #3 lane with its passenger side tires then back into its lane. The vehicle then began driving with its driver side tires on the white dotted lane divider. Officer D initiated his emergency lights and siren to conduct a traffic stop on the vehicle. Officer D later identified the driver as the defendant by his Florida drivers license and he was the only occupant.
Observation of Driver:
As Officer D was approaching the defendant, he was holding his registration, insurance and Drivers License by the driver window and would not make eye contact with Officer D. As Officer D explained the reason for stopping him, he made eye contact at which time Officer D noticed the defendant’s eyes were red and glassy. Officer D smelled a strong odor of an unknown alcoholic beverage coming from inside the vehicle. When the defendant spoke, his speech was low and slightly slurred. When Officer D had the defendant exit the vehicle, he smelled a strong odor of an unknown alcoholic beverage coming from his facial area as the defendant spoke directly to Officer D. Officer D noticed that the defendant was unsteady o his feet by swaying in a circular motion. When Officer D told him to keep his hands to his side, the defendant put his hands in his pockets.
When Officer D asked the defendant why he would be swerving, the defendant stated that he was tired. Officer D asked him where he was coming from and the defendant said that he was hanging out with friends. Officer D asked him how much he had to drink and the defendant said nothing.
Strong odor of an unknown alcoholic beverage coming from his facial area as he spoke to Officer D
Horizontal Gaze Nystagmus
Lt Eye- Lack of Smooth Pursuit
Lt Eye- Distinct and Sustained Nystagmus at Max Deviation
Lt Eye-Onset of Nystagmus Prior to 45 Degrees
Rt Eye-Lack of Smooth Pursuit
Rt Eye-Distinct and Sustained Nystagmus at Max Deviation
Rt Eye Onset of Nystagmus Prior to 45 degrees
VGN was observed and he swayed in a circular motion
When the defendant was asked if he would do roadside tasks, he stated no and that he doesn’t think its necessary. Officer D explained to him that he would take it as a refusal, base an arrest off his observations and that it will be used against him in court. The defendant stated that he understood and refused to do the roadside tasks.
The defendant refused the breath test as well.
The defendant was arrested and charged with DUI
Results : After negotiations with the state, Mr. Foley was able to enter the defendant into the DUI Program. As a result of entering the program, the charge of DUI was amended to a charge of Reckless Driving. The defendant received 12 months of probation along with 75 community service hours.
Internal Reference #1157
Facts : On 1-2, at approximately 3:10 AM, Sergeant L was sitting in the parking lot of a gas station. Sergeant L observed north bound a lone vehicle in the inside lane. The vehicle was clearly traveling over the posted speed limit of 45 mph. Sergeant L estimated the speed of the vehicle to 70-75. Sergeant L activated his stationary radar and received a reading of 72 mph in the 45 mph zone. Sergeant L followed the vehicle north bound as it passed another vehicle unsafely at the high rate of speed of 72 mph. As the vehicle cleared the intersection of a road it came upon another police car traveling in the outside/right lane. As the vehicle passed the police car it suddenly slowed to below the posted speed limit. Sergeant L stopped the vehicle. Sergeant L met with the defendant and ID’d him as the registered owner with a valid Florida Drivers License. Sergeant L noticed the defendant’s eyes were red and glassy and had a heavy look to them. The defendant’s actions were slow and unsure. As the defendant retrieved his Drivers License it took him several minutes to pull it from his wallet. The defendant stated where he was coming from. The defendant first advised that he had “nothing” to drink in reference to an alcoholic beverage. As Sergeant L spoke to him, he detected an odor of an unknown type alcoholic beverage on his breath. The defendant later stated that he had consumed “two vodka and tonics” with prescription Ibuprophen. Officer A arrived on scene and began the DUI investigation. Sergeant L issued the speeding citation for 72 Mph in a 45 mph zone. The defendant was subsequently arrested by Officer A for DUI.
DUI Probable Cause Affidavit
Observation of Driver: Bloodshot, watery and droopy eyes swayed side to side once out of vehicle.
Drivers Statements: The defendant stated that he had 3 “vodka and tonics” and where he was coming from. The defendant originally started to Sergeant L that he had 2.
Odors: Strong odor of unknown alcohol substance emitting from breath.
Horizontal Gaze Nystagmus:
Left eye does not follow smoothly
Left eye jerks at 45-degree angle or less
Distinct jerking left eye maximum deviation
Right eye does not follow smoothly
Right eye jerks at 45-degree angle or less
Distinct jerking right eye maximum deviation
Walk and Turn: Unable to do due to torn MCL and ACL
One Leg Stand: Unable to do due to turn MCL and ACL
Finger to Nose: Did not attempt
Romberg/Alphabet: Swayed side to side. Stated “AB2” and instead of “TUV” he said “ZUV”
The defendant was arrested and charged with DUI(316.193)
Results : As a result of entering the program, the charge of DUI was amended to a charge of Reckless Driving . The defendant received 12 months of probation along with 75 hours of community service.