| Sep 18, 2013 | Case: 2012-MM-09347-A | Judge Krause |
| Facts: | The police were called out to a residence regarding an alleged fight. Upon arrival, they saw the defendant pulling out of the driveway. Upon contact with the officers, they noticed the defendant to have an odor of alcohol, slurred speech, and he admitted to drinking two beers. The defendant refused to preform the field sobriety exercises and was arrested for DUI. After his arrest, he blew a .150 and .167 in the breath machine. | |
| Defense: | Parks & Braxton pointed out to the State that there was an unlawful stop of the defendant's car. We discussed with the State that the officer's action of pulling behind the defendant's car and blocking him from moving constituted and unlawful seizure as the defendant's freedom was curtailed. The officer did not even know if the defendant was the one even involved in the alleged fight before blocking his car from moving any further. Furthermore, we pointed out the State that the defendant had a major problem understanding English in his contact with police due to his nationality. | |
| Result: | The State dropped the DUI. | |