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Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: DUI

State v. C.; Judge: Tom Barber; Date July 23, 2007

FACTS: The defendant was stopped by Tampa Police for running a stop sign and speeding. When the DUI enforcement officer arrived she noticed "bloodshot, glassy eyes, and slurred speech". When the officer asked the defendant to exit the vehicle he stumbled, and then grabbed hold of his vehicle to steady himself. Our client was then asked to perform the field sobriety tests (specifically the walk and turn test), which he agreed to do. He was unable to maintain his balance, stepped off the line, and started performing before the instructions were read. Shortly after he performed the walk and turn, the defendant was arrested. When he arrived at Central Breath Testing the client refused the breathalyzer.

DEFENSE: During the discovery process we determined that the prosecution was unable to locate the video of our client's performance. We then filed a motion to dismiss alleging that our client's due process rights were violated because the video would dispute the officer's opinion of how poorly he performed.

RESULT: The State dropped the DUI charge.