DUI/DWI Case Results (Part 5)

Internal Reference #5030

Facts: Officer observed ∆ driving west in the center lane. ∆ appeared to be speeding. Officer estimated the speed at 45, verifying it at 44 in a 35 zone using radar. Officer turned around and caught up the the truck as it stopped in the right lane for the red light. As the truck turn north, officer turned on blue lights and the truck continued north for four blocks driving both right side tires off the pavement as it turned. After traveling several car lengths the truck stopped in the travel portion of the roadway.

∆ was found to be the driver. She had red glassy eyes and a flushed face. She advised she had been around and took no daily medications. As she spoke officer smelled the odor of an alcoholic beverage on his (sic) breath.

Officer had ∆ step from truck and ∆ leaned on the truck upon exiting. Officer explained that he was conducting a DUI investigation. She advised of no illnesses, injures or disabilities. Instructions and demonstrations were given for field sobriety tests.

HGN – 6 clues, swaying

Walk and turn – right travel lane, no painted line. Never stood heel to toe, swaying and moved feet three times to maintain balance, then stood casually. Did not count out loud, turned to right, feet askew step 4 on return. Took 10 steps. Gaps on all steps of 3-4”.

One leg stand – Left foot up like a crane, swaying, not looking at foot. At 15, stopped and gave instructions again. Down at 3. Swaying, still not looking and did not count out loud.

Finger to nose – did not put feet together after being told to do so twice. Swaying. Had to remind to close eyes. Left hand – opened eyes, side arm motion, left side of nose, at nose. Right-side arm, finger pad, at nose. Gave instructions again. Left hand – side arm motion. Left side of nose, at nose. Right – no response. Right – side arm motion, middle of finger, at nose. Left – same arm motions, middle of nose.

Based on her driving, appearance and performance, it was officer’s opinion that ∆ was impaired.

∆ was arrested and requested that officer release her property and truck to passenger. ∆ agreed to submit to breath test on video. Registered .170/.170.

Charges:

  • DUI (316.189(1))
  • Speeding

Result:

  • DUI (316.189(1)) – plea bargain, got the minimums, 6 months probation, 6 month license suspension, 50 hours community service, DWI school, vehicle immobilization
  • Speeding – Dismissed

Internal Reference #6024

Facts: Officer was just sitting down in car after conducting a traffic stop. Marked car was in the middle of the road and the emergency lights were on. The ∆’s car was headed south in the left lane. There were no vehicles to its right and it neither slowed nor moved over as required in response to seeing officer in the roadway.

Officer turned around and caught up to the car. The car moved to the right lane, then to the left lane and finally back into the right lane as officer was overtaking it.

A stop was made. ∆ was found to be the driver. His face was flushed and his eyes were red and glassy. He said he had been at a bar. Officer observed a brace on ∆’s left leg and he reported having it scoped. ∆ said he had been taking OxyContin but had taken none in the last 48 hours. ∆ had the odor of an alcoholic beverage on his breath. He had a hard time saying words like “meniscus.”

Officer had ∆ step from the car. ∆ used the seat and door to help him stand and had a slight limp as he walked to the rear. Officer explained that he was conducting a DUI investigation. ∆ advised of no other injuries, illnesses or disabilities. Instructions and demonstrations were given for roadsides. ∆’s speech was mumbled.

HGN – 6 clues, swaying

Standing balance – front to back sway

Finger to nose – sway during instructions and task. Left hand – side arm middle of finger. Right – side arm middle of finger, brought head forward. Gave instructions twice more. Left – side arm, bottom of nose, pointed to sky and then put arm to his side. Right, right, left - side arm motion, middle of finger, pointed to sky. Had to remind to keep head back and eyes closed.

Finger count – did not use finger tips and did not count out loud.

Based on ∆’s driving, appearance and performance on roadsides, it was officer’s opinion that he was impair. ∆ was arrested.

As officer drove to the testing facility, ∆ cried and said he was sorry.

Once at facility, ∆ agreed to submit to a breath test on video. Registered .218/.214.

Process: ∆ had knee surgery 11 days prior to stop and officer did not properly read Miranda. Mr. Foley filed a motion to suppress evidence gathered after traffic stop, which was granted.

Charges:

  • DUI
  • Failure to yield to emergency vehicle

Result:

  • DUI – dismissed
  • Failure to yield to emergency vehicle – dismissed

All charges dismissed


Internal Reference #7004

Facts: On 12/28 at approximately 0946 hours, Officer C was driving southbound, when Officer C’s attention was gained by a vehicle on the right which was also driving southbound who was yelling that a vehicle just struck his vehicle and fled and pointed further south.

Officer C proceeded south and immediately observed a beige vehicle three blocks south, driving southbound with the front bumper dragging on the roadway underneath the vehicle. Officer C pulled directly behind the vehicle and activated his siren for the vehicle to stop. The vehicle accelerated and the bumper became dislodged at which time the vehicle ran over the bumper and Officer C also ran over the bumper. Officer C continued behind the vehicle with lights and siren on and occasionally hitting the air horn as it appeared the driver was unaware that Officer C was behind him attempting to make a traffic stop. Approximately 4 blocs south, the driver of the vehicle appeared to finally observe that he was being pulled over at which time he turned sharply from the left lane over two lanes to the far right lane, disregarding traffic that was on her right. Fortunately, all the other vehicles were prepared and braked to prevent collision.

Officer S was directly behind Officer C as the vehicle was pulled over. The officers made contact with the driver of the vehicle, the defendant, and determined due to the slurring of his speech, bloodshot eyes, the odor of an alcoholic beverage emanating form his person and his faculties being unsteady that he was possibly driving under the influence of an alcoholic beverage. Officer S requested a traffic unit in reference to a dui investigation and Officer M responded.

Officer M administered the field sobriety exercises. Upon Officer M determining that the defendant was actually driving under the influence and placed him under arrest, Officer C transported the defendant to the police department for processing.

Charges:

  • DUI W/ Damage to Property or Person of Another
  • DUI Alcohol or Drugs 1st Offense
  • Leaving the Scene of an Accident With $50 or More Damage

Result:

  • DUI W/ Damage to Property or Person of Another – 6 months probation, 50 community service hours, DUI School, 10 days immobilization, 6 month license suspension.
  • DUI Alcohol or Drugs 1 st Offense - Dismissed
  • Leaving the Scene of an Accident With $50 or More Damage – Adjudication Withheld

Internal Reference #7006

Facts: On 5/27 at 005 hours, Officer R observed a vehicle enter the parking lot as directed by the lane officer and drove into the right lane. Officer R approached the driver (defendant) and noticed an odor of an alcoholic beverage emitting form his facial area as he requested his license, registration, and insurance. Officer R asked the defendant if he had anything to drink and he replied that he had a couple of beers. Officer R also observed the defendant fumbling through his wallet as he attempted to locate his license. The driver was asked to pull over to the next row so that a further investigation could be conducted. The defendant pulled past the area that Officer R instructed and then pulled into a parking space on the second row over. Officer R then asked the defendant to exit his vehicle and as he did so he’s tumbled out of his vehicle and had to use the side of his vehicle to maintain his balance. Officer R made further observations of the defendant with regards to his person: slurred speech, flushed face, and the odor of the alcoholic beverage intensified as Officer R got closer to the defendant. Officer R then activated his car video camera and explained to the defendant that based on his observations he was going to be conducting a DUI investigation. The defendant refused to submit to any exercises and was uncooperative. Officer R explained tot eh defendant that if he refused to submit to the roadside sobriety exercises, that Officer R would have to base his decision as to his sobriety on the observations made up to his point. The defendant refused to submit to the exercises and he was placed under arrest for DUI. Officer R believed the defendant was under the influence to the extent that his normal faculties were impaired.

Officer R offered the defendant a breath test to which he refused. The defendant was read implied consent and he advised that he did not understand. Officer R attempted to explain to the defendant implied Consent but the defendant was uncooperative. A teletype check of the defendant revealed a previous DUI and a prior refusal to submit to a BAL test. The defendant was turned over to a Sheriffs transport Deputy on scene.

Back Up Officers on Scene: Officer C and Officer N

Charges:

  • Driving Under the Influence (second offense) 316.193(2a)(2b)
  • Prior Refusal to Submit to BAL test (316.1939(1e)

Results:

  • Driving Under the Influence (second offense) 316.193(2a)(2b) – 6 months reporting probation, DUI School, 100 community service hours
  • Prior Refusal to Submit to BAL test (316.1939(1e) – Adjudication Withheld

Internal Reference #7008

Charges: Disorderly Intoxication

Result: Disorderly Intoxication – Dismissed


Internal Reference #7014

Facts: On 9/14 at or about 2331 hours at a location, the defendant did commit the violation of Driving Under The Influence Of An Alcoholic Beverage. The defendant did then and there unlawfully drive, or was in actual physical control of a motor vehicle, To Wit: while he was under the influence of an alcoholic beverage to the extent that his normal faculties were impaired, or with a blood alcohol level of 0.08 percent, To-Wit; .222 and .234

Officer R responded to the listed location at the request of Officer C. Upon arrival, Officer C advised that he was traveling southbound when the listed vehicle swerved off the roadway into the center median and spinning out. The vehicle then entered the southbound park roadway traveling northbound. He then drove back into the median and spun out again and then started traveling southbound on another road, where Officer C activated his emergency equipment in his vehicle specifically, light and siren. The defendant raveled from one block to another block before finally coming to a stop. Officer C advised that upon making contact with the defendant, he had great difficulty locating his Driver’s License. The defendant had an aroma of an alcoholic beverage present on his breath as he spoke, blood shot watery eyes, and lethargic movement.

Upon Officer R’s arrival, the defendant was still seated in his vehicle. Officer R then made contact with the defendant who advised that he did not have any mechanical problems to his vehicle and that he does not have any physical or mental disabilities other than high blood pressure. The defendant advised that he was taking High Blood Pressure medication and did not take any this date. The defendant further advised that he takes medication that he does not know the name of for depression. The defendant further advised that he drank three bottles of vodka on this date prior to driving home. The defendant was asked to exit his vehicle, which he did so, having difficult maintaining his balance. The defendant then leaned over the back of his vehicle after using it for balance to walk to the rear of his vehicle. The defendant did have a French accent. Officer R was speaking to the defendant in English and the subject was answering the officer in English. The defendant was asked if he understood English and he advised that he did and it is not a problem. The defendant was advised that Officer R was conducting a criminal investigation to determine if he was driving while impaired and asked if he would take field sobriety exercises, and he agreed.

Walk and Turn: Lost balance during the instructional phase, could not maintain instructional phase and was stumbling, Having to re-position his feet to maintain balance, he started before the instructions were finished, he stopped while conducting the exercise on almost every step, failed to touch heel to toe on every step, stepped off the line multiple times forward and backward, failed to turn correctly by walking in a circle after stopping and Officer R having to re explain the instructions for him to remember he had to step back. The defendant took eight steps forward and twelve steps back.

One Leg Stand: Swayed while balancing on one leg, raised arms more than six inches to maintain balance, began to hop on #9, put his foot down on #4 and #7 and the exercise was ultimately terminated due to fear that he was going to fall.

Finger to Nose: Did not maintain eyes closed, could not maintain instructional phase, missed the tip of his nose with his index finger, used the wrong hand for the exercise, swayed one to two inches, had eyelid tremors, wobbled and stumbled.

It should be noted that during this exercise the defendant used his left hand on left, both hands when the right was called, used his left hand for left and then started to use both hands again for both right, right and left. The defendant then continued to do the exercise without Officer R directing him to do so, utilizing both hands at the same time. The defendants eyes were rolled back into his head, he was stumbling and the exercise was ultimately terminated.

Rhomberg Balance: The defendant did not maintain his eyes closed and when he did close he displayed eyelid tremors. The defendant swayed in a wobbling fashion, he stumbled having to reposition his feet to maintain balance and his internal clock of 13 seconds was estimated at 30 seconds.

Due to the aforementioned, the defendant was placed into custody. He was then read Florida Implied Consent from a prepared text at which time he agreed to take the Breathalyzer. The defendant’s vehicle was towed. The defendant was transported to the police department for processing. Officer R began the observation period at 2342 hours. The defendant did not ingest or put anything into his mouth during the observation period. The first breath sample was taken at 0011 hours with a result of .222. The second sample was taken at 0014 hours with a result of .234.

It should further be noted that in detention the defendant was unsteady on his feet when he walked, walking with an uneven gait and then stated to Officer R that during the breath test he was drunk. The defendant also reiterated that he had three bottles of vodka.

Charges: DUI Alcohol or Drugs 1 st Offense

Result: DUI Alcohol or Drugs 1 st Offense – Adjudicated, 9 months probation, 10 day car immobilization, 6 months drivers license suspension, Community service hours


Internal Reference #7022

Facts: On April 25 th , Officer J was on patrol in a marked patrol vessel. Officer J noticed a vessel traveling southbound in the intercostal waterway, ICW, with no masthead light. The vessel was being driven by a female. US Coast Guard, USCG, pulled along Officer J’s vessel and asked if he had just stopped the vessel with the light out. Officer J told them that he did not. The Coast Guard explained to Officer J that the vessel was operating on plane by the coast guard station. USCG said that they were going to stop the vessel. Officer J provided back up for USCG. The coxswain of the USCG boat said that they may have a possible impaired operator. Officer J pulled his vessel alongside the stopped vessel. USCG Officer pointed out the individual that eh witnessed operating the vessel at the time of the stop. Officer J spoke with the operator (defendant). The defendant’s speech was slurred and his eyes were blood shot and watery. The defendant had an odor of an alcoholic beverage on his breath. His movements were flaccid. Officer J asked the defendant if he cared if Officer J had one of the USCG officers bring his vessel over to his dock. The defendant said that he did not mind.

At the docks, Officer J conducted a boating safety inspection on the defendant’s vessel. He had all of his safety equipment. Officer J asked a woman, the operator that he saw driving the boat if she would submit to do some SFST. The woman consented. Officer J administered HGN on the woman. She had lack of smooth pursuit and distinct and sustained nystagmus at max deviation in both eyes. She performed the finger to nose and Romberg alphabet to standard.

After completing his evaluation on the woman, Officer J asked the defendant if he would submit to some standardized field sobriety tasks (SFST). The defendant consented. Officer J administered HGN on the defendant. The defendant had lack of smooth pursuit, distinct and sustained nystagmus at max deviation and onset of nystagmus prior to a forty-five degree angle.

The psychophysical portion was performed in the parking lot of a shop. It is lighted by parking lights and a smooth flat none slippery surface was used.

The first task was the Romberg balance. The defendant had a greater then two-inch front to back sway. The defendant estimated the passage of thirty seconds to be 20 actual seconds.

The second task was the walk and turn. The defendant was unable to hold the start position. Officer J had to ask the defendant to stand with his feet shoulder with apart during the instructions. The defendant stopped walking through out eh task. He missed heel to toe on several steps. The defendant took only 8 steps down the line and he made an improper turn.

The third task was the one leg stand. The defendant put his foot down on counts 2,7, and 18. During the time he was balancing on one leg he swayed and was pivoting his foot. On the count of 6 he quit counting in one thousands and started to counting normal. Officer J stopped the task after the defendant put his foot down for the third time.

The last task was the finger to nose. The defendant failed to return his hand to his side on the first attempt. The defendant missed the tip of his nose on every attempt (touched upper lip, side of his nose, and used the pad of his finger).

Officer J placed the defendant under arrest for BUI. He read him implied consent and he consented to a breath test. Officer J performed the breathe test on the defendant using an Intoxilyzer 8000. The breath test was performed I in a mobile testing trailer. The results were 0.101 and 0.110G/210L.

Charges:

  • BUI
  • Fail Display Proper Light/Shape

Result:

  • BUI – Adjudicated, 6 months probation, 50 community service hours, 10 days immobilization
  • Fail Display Proper Light/Shape – Dismissed

Internal Reference #7026

Facts: Officer C responded to a location on 3/31 at 0135 hours in reference to a hit and run accident. Dispatch advised Officer V that a car had hit a parked car and left the scene. Upon Officer V’s arrival, he was stopped by a witness who pointed to a black car that was driving southbound. The witness told Officer V that this was the vehicle that struck the parked car and left the scene. The car had extensive damage to the front of the vehicle, two hubcaps were missing form the drivers side of the vehicle and the front driver side tire was flat and the rim was badly dented. Officer V conducted a traffic stop on the vehicle and made contact with the defendant. The defendant was crying and told Officer V that her mother was on her way to pick her up and asked Officer V to let her go. Officer V asked the defendant if she was hurt and she told Officer V that she was not and she just wanted to go home. Officer V asked the defendant for her drivers license, registration and insurance but she just kept crying and begged Officer V to let her go because she did not want to go to jail. Officer V asked the defendant to provide the requested information several more times but she kept crying uncontrollably and she told Officer V that she did not want to go to jail and promised Officer V that she would pay for the damages if her would just let her go.

The defendants face was flushed, her eyes were red and watery, there was a heavy odor of alcohol emitting form her breath and vomit on the front of her shirt. Officer V observed a double-headed beer bong funnel and tube (cold to the touch) which is commonly used to chug beer on the floorboard behind the defendants seat. Officer V also observed an empty 18-pack case of beer and an ice cooler with ice spilling out on the seat behind the defendant. There was also an empty bottle of vodka on the front seat beside the defendant. Officer V asked the defendant to step outside of the vehicle and as she stepped outside she staggered and had to lean against the side of the car to keep from falling down. Officer D responded to the scene to assist Officer V with a DUI investigation. Upon arrival, Officer D read the defendant the Miranda instructions from a Miranda Card and the defendant declined to perform any field sobriety exercises. Officer D also observed the same vomit on the defendant’s shirt. A Teletype check revealed that the defendant has a business purposes only restriction on her driver’s license. Based upon Officer V’s investigation and observations of the defendant, she was placed under arrest for DUI and Violation of Driver’s License Restriction. Officer D transported the defendant to the police station for processing and Officer V responded to the accident scene to conduct a traffic accident investigation.

The witness advised Officer V that he was upstairs in his bedroom when he heard a loud crash in the driveway of his residence. He looked outside the window and he observed that a car had crashed into another car that was parked in the driveway and the car was trying to drive away from the scene. The witness ran after the vehicle and located it driving Southbound. The witness advised Officer V that he observed the vehicle driving Southbound on the dented rim and tire until Officer V arrived and stopped the vehicle.

The car was backed in the driveway of the residence with extensive front-end damage that was consistent with the damage on the defendant’s vehicle. Officer V saw two hubcaps at the scene of the accident. The defendant’s vehicle was missing two hubcaps from the driver side of the vehicle and the two hubcaps that were found at the accident scene were identical to the two hubcaps that were still on the vehicle.

Officer V then responded to the police department and met with Officer D in the DUI room and Officer V stood by as he administered the field sobriety test and the breath test. Officer D requested that the defendant provide a breath sample of .219 and at 0339 hours, the defendant provided a breath sample of .2.2.

Officer V also charged the defendant with Leaving The Scene of an Accident and DUI Property Damage based on his investigation of the accident scene and the defendant’s spontaneous utterance, that she would pay for the damage. As the Juvenile Assessment Center would not accept a juvenile on any misdemeanor traffic charge, including DUI, she was released to her parents. The witness provided Officer V with a witness affidavit that was submitted with this report. The double-headed beer bong was also placed into evidence.

Charges:

  • DUI
  • DUI Property Damage
  • Violation Dl Restriction
  • Leaving Scene of Crash

Result:

  • DUI – Adjudication, 12 months probation, 6 months license suspension, 50 community service hours, 6 months interlock device, vehicle immobilization
  • DUI - Dismissed
  • Leaving The Scene Of An Accident/$50 Or More Of Damage - Dismissed
  • Operating Against License Restrictions – Adjudication Withheld

Internal Reference #9001

Facts: Upon arrival, Officer H contacted Deputy K, who stated he was at an intersection, when he observed a vehicle traveling N/B on A1A run the red light and make a left turn onto a street. Deputy K said he immediately activated his emergency equipment (lights/siren) to conduct a traffic stop on the vehicle, however the driver was slow to respond did not stop until he was on the west side of the intercostal bridge(approximately 6-8 blocks). After stopping the vehicle and contacting the driver(defendant), he said he observed the following signs of impairment: an odor of an alcoholic beverage emitting from his breath, bloodshot eyes, fumbled with paperwork and appeared confused. Deputy K said after exiting the vehicle the defendant was unsteady on his feet. Deputy K said the driver stated he had (3) drinks, but did not know when.

Officer H then contacted the defendant, who was standing at the rear of his pickup. Officer H noticed that he swayed while standing. While talking with the defendant, Officer H observed the following sings of impairment: an odor of an alcoholic beverage emitting from his breath, glassy/bloodshot eyes, slurred/mumbled speech and a flush face. After making these observations, Officer H requested the defendant to submit to the standardized field sobriety exercises, he refused.

Officer H then explained that the field sobriety exercises were his opportunity to dispel or confirm Officer H’s belief that he was impaired and that if he did not do the exercises, Officer H would have to make the decision to arrest or not arrest based on the observations that he already made. Officer H also explained that if he refused and was arrested that his refusal could be used against him in a court of law. Officer H asked if he understood what Officer H had explained and he stated that he did understand. Officer H then explained that he would give him a few minutes to think about what he just explained (No injuries/illnesses/medications). Officer H again requested him to submit to the field sobriety exercises, he again refused.

Based on Officer H’s observations, the defendant was arrested. The defendant was then asked if he could provide a breath sample, he refused. Officer H then read him the Florida Implied Consent Warning (asking for breath only), explained it to him and asked if he understood what was read, he stated that he did. Officer H again asked if he would provide a breath sample, he said that he would take a breath test. After being transported to the BAT unit, the defendant refused to take the breath test. Officer H again explained the Florida Implied Consent Warning to him and again made sure he understood what Officer H explained, he was then given another opportunity to provide a breath sample, he again refused.

A routine check revealed that the defendant has (3) prior DUI convictions. It also revealed that he has a prior refusal to submit to a breath/urine or blood test.

Charges:

  • DUI Alcohol or Drugs 4 th or Subs Off (Defendants 4 th DUI) Felony
  • Refuse to Submit To DUI Test
  • Disobey/Avoid Red Light

Result:

  • DUI Alcohol or Drugs 4 th or Subs Off (Defendants 4 th DUI)– Reduced charge to misdemeanor DUI, Adjudicated, 30 days county jail with credit for 1 day time served, 9 months probation, DUI School, 6 months license suspension, 10 day immobilization, interlock program
  • Refuse to Submit To DUI Test – 1 day of jail with credit for 1-day time served
  • Disobey/Avoid Red Light – Dismissed

Internal Reference #10020

Facts: On January 5, Officer M responded to a location as a backup officer for Officer R in reference to a traffic stop. Upon arrival Officer R advised Officer M that she believed the driver of the vehicle may be impaired and under the influence. Officer R also advised Officer M that she made contact with the driver(defendant) at a disturbance call several minutes before the traffic stop where someone called 911 to report that the defendant was insulting a female. She stated that due to the defendants condition, she advised him not too drive his vehicle that it was visibly apart he was impaired.

Officer R advised that she observed the defendant to have glassy, bloodshot eyes, he was unsteady as he walked. Officer M made contact with the defendant who was standing at the rear of his vehicle. He was speaking loudly to Officer W and acting belligerent asking why he was stopped over and over. Officer M advised him of his name and that he was conducting a DUI investigation. Officer M asked the defendant if he was willing to submit to several roadside sobriety exercises and he agreed. Officer M’s observations are below:

  • Glassy/Bloodshot eyes
  • Slurred speech
  • Kept Asking the same questions over and over
  • Unsteady on his feet, swaying side to side
  • When asked he stated that he had several beers earlier tonight
  • He stated that he does wear contacts
  • No Medications
  • No injuries

HGN: Explained the exercise, he acknowledged he understood.

  • Heavy sway side to side
  • Moved head side to side
  • Would lead the pen side to side
  • Lack of smooth pursuit in both eyes
  • Onset prior to 45*
  • Distinct nystagmus at 45*

WAT:

  • Heavy sway during instructional phase
  • Left small gaps in between all steps
  • Did not do proper turn then asked what to do next
  • Left small gaps between all steps on return
  • Did not keep his hands at his side as instructed

OLS: Explained exercise and he acknowledged he understood

  • He asked how to do the exercise and Officer M re-explained
  • He then refused to count as instructed and proceeded to ask Officer M to count
  • When asked he stated that was able to count but that he just wanted Officer M to do it

Based on all Officer M’s observations of the defendant, Officer M believed him to be under the influence of alcohol and or a controlled substance. At this point, the defendant was placed under arrest for driving/operating under the influence of alcohol, a chemical substance and/or a controlled substance. The defendant was transported to a facility. While at the facility, a 20 minute observations period was completed. A history check of the defendants Florida Driver’s License shows 2 prior suspensions for DUI. Operator G completed the alcohol influence report on the defendant. On tape the defendant was read the implied consent information and he refused to answer any questions for Operator G and also refused to submit to the breath test. The defendant was charged accordingly. Officer M completed his paperwork on scene. NFI.

Charges:

  • DUI 3rd Offense Over 10 Years
  • Refusal to Submit to Blood/Breath Test

Result:

  • DUI 3 rd Offense Over 10 Years – Adjudication, 9 months probation, DUI School, 10 days immobilization, 9 month license suspension, 90 days jail with credit for 2 days time served, Ignition Interlock
  • Refusal to Submit to Blood/Breath Test – Adjudication
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